1976 (3) TMI 156 - SUPREME COURT

Whether sales of are carbons, known as "cinema are carbons", manufactured by the appellant-company, were rightly subjected to sales tax for two assessment years 1965-66 and 1966-67 on the ground that they fall under entry No. 4 of the First Schedule of the Andhra Pradesh General Sales Tax Act, 1957?

Held that:- Appeal dismissed. As the main use of the arc carbons under consideration was duly proved to be that of production of powerful light used in projectors in cinemas. The fact that they can also be used for searchlights, signalling, stage lighting, or where powerful lighting for photography or other purposes may be required, could not detract from the classification to which the carbon arcs belong. That is determined by their ordinary or commonly known purpose or user. This, as already observed by us, is evident from the fact that they are known as "cinema arc carbons" in the market. This finding was enough, in our opinion, to justify the view taken by the Andhra Pradesh High Court that the goods under consideration are covered by the relevant entry No. 4.