1995 (3) TMI 440

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..... es Tax, Madhya Pradesh, the following question of law has been referred to this Court for answer under section 44(1) of the M.P. General Sales Tax Act, 1958 (hereinafter referred to as "the State Act"): "Whether, in the facts and circumstances of the case, the Board of Revenue was justified in holding that axles sold by the non-applicant assessee were covered by entry 1, Part I of Schedule II app .....

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..... . Learned counsel appearing for the department relied upon entry 1 in Part II of Schedule II of the State Act which reads as under: 1. (i) Motor cars, jeeps and jeep trailers. (ii) Trucks, buses, minibuses and pick-up vans including their chassis and bodies. (iii) Tyres and tubes and spare parts and accessories of the vehicles mentioned in (i) and (ii) above. 5.. The learned counsel for the de .....

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..... as used in entry 1, clause (iii) of Part II of the said Schedule. Any other interpretation as sought to be placed on behalf of the department would make the same goods taxable under both the entries and thus create a confusion. It is a settled law that on fiscal statute an interpretation favourable to the assessee has to be preferred. We are, therefore, of the opinion that the tax authorities wer .....

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