2008 (8) TMI 765 - HC - Indian Laws

Whether tinted glass sheets manufactured by the applicant is liable to be taxed as goods or wares made of glass under the notification no. 5784 dated 7-9-1981 being Entry No. 4 or as unclassified item? Held that - Coming to the facts of the case, it is applicant who submits that tinted glass sheet should be taxed under a residuary Entry i.e. as an unclassified item, while according to the department, it is a glassware. As herein noted above, the word glassware was interpreted by a Division Bench of this Court as far as back in the year 1970 in the case of Banaras Beads Manufacturing Co. (supra). The said item glassware continues till date meaning thereby the interpretation placed by this Court which is supposed to be known to the legislature has been accepted by them. So far as other part of the argument is concerned, it is mentioned in the assessment order itself that in the relevant assessment year when the business premises of the dealer applicant were inspected by the Special Investigation Branch of the Department, it was revealed that tinted sheet glass is being manufactured through a different process. This being the position, the argument of the dealer-applicant is meritless. In view of the above discussion, find no illegality in the order of the tribunal holding that the tinted glass sheets are liable to be taxed under notification No. 5784 dated 7-9-1981 as glassware it falls in Entry No. 4 and not as an unclassified item. The revision is dismissed.

Issues Involved:
1. Taxability of tinted glass sheets as 'goods or wares' made of glass or as an unclassified item.
2. Interpretation of the term 'plain glass panes' in the context of tinted glass sheets.
3. Common parlance and commercial understanding of tinted glass sheets versus plain glass panes.
4. Legislative history and interpretation of relevant entries in the notification.
5. Burden of proof regarding classification of tinted glass sheets.

Issue-wise Detailed Analysis:

1. Taxability of Tinted Glass Sheets:
The primary issue was whether tinted glass sheets should be taxed as 'goods or wares' made of glass under the notification No. 5784 dated 7-9-1981, Entry No. 4, or as an unclassified item. The court noted that the manufacturing process of tinted glass involves mixing cobalt oxide, nickel oxide, and iron oxide, resulting in a product with different density and transparency compared to plain glass. The tribunal found that tinted glass sheets are not treated as plain glass sheets in common parlance and have distinct commercial properties, such as higher solar absorption. The court upheld the tribunal's finding that tinted glass sheets fall under 'goods and wares made of glass' and not as an unclassified item.

2. Interpretation of 'Plain Glass Panes':
The court examined whether tinted glass sheets could be considered 'plain glass panes' excluded from the entry 'All goods and wares made of glass.' The court referred to dictionary definitions and common parlance, concluding that 'plain' implies uncoloured or clear glass. The tribunal's finding that plain glass sheets are understood as colourless glass in the market was upheld. The court rejected the argument that tinted glass sheets should be classified as plain glass panes, noting that tinted glass sheets are commercially distinct from plain glass panes.

3. Common Parlance and Commercial Understanding:
The court emphasized the importance of common parlance and commercial understanding in determining the classification of goods. It referred to previous judgments where the commercial understanding of terms was considered crucial. The tribunal's finding that tinted glass sheets are not treated as plain glass sheets in the market was deemed a finding of fact, which the court upheld. The court highlighted that in commercial terms, plain glass sheets are generally uncoloured and used for specific purposes like windows and doors.

4. Legislative History and Interpretation:
The court reviewed the legislative history of the relevant entry in the notification. Initially, the entry referred to 'glasswares,' which was later expanded to 'all goods and wares made of glass.' The court noted that the inclusion of 'all goods and wares' indicated a broad scope intended by the legislature. The court cited previous decisions, including U.P. Glass Works Ltd. v. CST, which held that glass sheets are included in the term 'glasswares.' The court concluded that the legislative intent was to include all glass products except those specifically excluded.

5. Burden of Proof:
The court addressed the argument that the burden of proof lies with the Revenue to show that tinted glass sheets fall under the specified entry. The court referred to previous judgments emphasizing that recourse to a residuary entry should be a last resort. The court found that the department had provided sufficient evidence that tinted glass sheets are commercially distinct from plain glass sheets and fall under 'goods and wares made of glass.' The court dismissed the argument that tinted glass sheets should be treated as unclassified items based on the department's findings and the tribunal's conclusions.

Conclusion:
The court dismissed the revision, upholding the tribunal's decision that tinted glass sheets are taxable as 'goods and wares made of glass' under notification No. 5784 dated 7-9-1981, Entry No. 4. The court found no illegality in the tribunal's order and concluded that the tinted glass sheets do not qualify as plain glass panes or an unclassified item. The revision was dismissed with no order as to costs.

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