1962 (8) TMI 55 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of the term "kalabattu" under the U.P. Sales Tax Act.
2. Assessment of sales tax on the turnover of silver wire by the Sales Tax Officer.
3. Consideration of dictionary meanings and witness statements in determining the nature of kalabattu.
4. Burden of proof regarding tax exemption on the assessee.

Detailed Analysis:
1. The main issue in this case revolves around the interpretation of the term "kalabattu" under the U.P. Sales Tax Act. The petitioner, a Hindu undivided family engaged in manufacturing fine silver wire sold as kalabattu, claimed exemption from sales tax based on Notification No. ST-911/X. The notification exempted kalabattu from sales tax when sold by the manufacturers themselves, as per Item No. 32.

2. The Sales Tax Officer assessed the turnover of silver wire for taxation, considering that the silver wire was an ingredient in the manufacture of kalabattu and not kalabattu itself. The Officer relied on dictionary meanings of kalabattu and the petitioner's sales records to support this assessment decision.

3. The Court analyzed various Hindi and Urdu dictionaries to determine the meaning of kalabattu. It was established that kalabattu refers to gold or silver wire twisted with silk or cotton thread, and not silver wire alone. Witness statements, including that of a family member of the petitioner, further clarified that kalabattu is obtained by twisting silver wire with silk or cotton thread, distinguishing it from plain silver wire.

4. Regarding the burden of proof, the Court emphasized that while the revenue authorities must demonstrate taxable turnover, the onus of proving exemption lies with the assessee. The petitioner failed to establish that silver wire alone qualified as kalabattu exempt from taxation, as it was admitted during the proceedings that kalabattu is created by twisting silver wire with silk or cotton thread.

In conclusion, the Court dismissed the petition, ruling that the petitioner did not meet the burden of proving tax exemption for silver wire as kalabattu. The judgment highlighted the importance of interpreting statutory terms accurately and the significance of meeting the onus of proof in tax matters.