9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1962 (11) TMI 39 - HC - VAT and Sales Tax
Issues:
Interpretation of sales tax notifications regarding classification of red lead and zinc oxide as either 'dyes and colours' or 'chemicals of all kinds' for sales tax assessment. Detailed Analysis: The judgment pertains to a reference made to the High Court regarding the classification of red lead and zinc oxide for sales tax assessment under specific notifications. The notifications in question distinguish between 'dyes, colours, and compositions thereof' and 'chemicals of all kinds.' The controversy arose as the assessee claimed that red lead and zinc oxide were colours falling under a later notification, while the Sales Tax Authorities contended they were chemicals governed by an earlier notification. The Court examined various definitions and expert opinions to determine the nature of red lead and zinc oxide. It was established that both substances are pigments, which fall under the category of 'dyes and colours.' Despite being chemicals, their classification as colours was supported by authoritative sources. However, the crucial factor was the purpose of sale and usage. The Court noted that the assessee sold red lead and zinc oxide primarily for glass manufacturing, not as colours. These substances were essential for specific properties in glass, rather than for coloring purposes. Considering the legislative intent behind the sales tax notifications, the Court emphasized that the classification should align with the actual sale and usage of the articles. If an article could fit into multiple categories with different tax rates, it should be classified based on how it was treated and sold by the vendor. In this case, since the assessee sold red lead and zinc oxide as chemicals for glass manufacturing, they were to be taxed under the earlier notification for chemicals, not as colours. Therefore, the Court concluded that red lead and zinc oxide were to be classified as chemicals for sales tax assessment, in accordance with the earlier notification. The judgment directed the dissemination of the decision to the relevant tax authorities and awarded costs to the Commissioner of Sales Tax. The reference was answered in favor of classifying the substances as chemicals rather than dyes and colours for sales tax purposes.
|
