1989 (11) TMI 285 - SC - VAT and Sales Tax

Whether sheep hair was an agricultural produce within the meaning of the said term as defined under section 2(a) of the Punjab Agricultural Produce Markets Act 1961? Held that - Appeal dismissed. Sheep hair falls under the item No. 41 of the Schedule namely wool (oon) as contained in the English version and oon only as contained in the Hindi version of the Act. Sheep hair is consequently an agricultural produce within the meaning of the Act so that the various provisions therein with regard to agricultural produce are applicable to sheep hair also.

Summary

Issues:
Interpretation of the term "agricultural produce" under the Punjab Agricultural Produce Markets Act, 1961 regarding sheep hair.

Analysis:
The judgment by the Supreme Court dealt with the question of whether sheep hair qualifies as agricultural produce under the Punjab Agricultural Produce Markets Act, 1961. The petitioners, licensed dealers with manufacturing units, argued that sheep hair did not fall under the definition of agricultural produce as specified in the Act. They contended that since sheep hair was not specifically included in the Schedule of agricultural produce, they should not be required to obtain a license or pay market fees for transactions involving sheep hair. The key contention revolved around the interpretation of item No. 41 in the Schedule, which listed "wool (oon)." The petitioners argued that wool is a manufactured item of sheep hair, not sheep hair itself, and therefore, sheep hair should not be considered agricultural produce.

The Court, after considering the arguments put forth by both parties, disagreed with the petitioners' interpretation. It analyzed the meaning of the term "wool" as used in the Schedule and highlighted that in the Hindi version of the Act, only the word "oon" was used, indicating that the term was intended to refer to sheep hair. The Court referred to dictionary meanings and established that both the textile fiber made from raw wool and the soft undercoat of animals, including sheep, are considered wool. The judgment emphasized that the trade meaning of the term "wool" should prevail, as understood in the market by dealers and consumers. The Court applied principles of interpretation from previous cases to determine the common understanding of terms in trade and commerce.

Ultimately, the Court concluded that sheep hair falls under the item "wool (oon)" in the Schedule of agricultural produce, making it an agricultural produce under the Act. The judgment dismissed the writ petitions, stating that there was no merit in the petitioners' arguments. As a result, the petitioners were not exempt from obtaining a license or paying market fees for transactions involving sheep hair. The Court decided not to award costs in this case.

In summary, the judgment clarified the interpretation of the term "agricultural produce" under the Punjab Agricultural Produce Markets Act, 1961 concerning sheep hair, ultimately ruling that sheep hair qualifies as agricultural produce under the Act based on the specific wording and trade understanding of the term "wool (oon)" in the Schedule.