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2020 (6) TMI 548 - HC - VAT and Sales TaxRate of tax - classification of goods - sales of ‘sports shoes’ and ‘sports apparel’ - whether taxable under Entry 46 and Entry 52 of IV Schedule respectively, or they fall under the residuary entry falling under V Schedule? - HELD THAT:- The term ‘Footwear’ in Entry 46 of IV Schedule includes ‘sports shoes’ and the D.C.T.O.- II (Enforcement Wing) could not have held that they fall under residuary entry under V Schedule, and he ought to have held that they fall under Entry 46 of IV Schedule; and the Tribunal was right in not only relying on the certificates of the suppliers that the shoes were made of plastic but also on the Government Memo dt.17.10.2008 holding that ‘moulded plastic footwear’ described in Entry 46 also includes not only the ‘footwear’ of one moulded plastic piece but also more than one piece moulded and joined together. When the Department authorities did not make any product verification, they could not have changed the classification of the ‘sports shoes’ from Entry 46 in Schedule IV, which they had been doing for the previous ten years, to the residuary Entry in V Schedule. Sports Apparel - HELD THAT:- The word ‘garments’ in Entry 52 of IV Schedule is of wide import and ‘sports apparel’ would fall under the said entry and the Tribunal did not commit any error in taking that view. Revision dismissed.
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