1973 (2) TMI 122 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of the term "paper" under the U.P. Sales Tax Act for taxation purposes.

Analysis:
The case involved a reference under section 11(1) of the U.P. Sales Tax Act regarding the classification of ammonia paper and ferro paper under the category of "paper." The assessee contended that these items were unclassified goods and should be taxed at the general rate of 2%, while the tax authorities argued that they fell under the category of paper and should be taxed at 6%. The key issue was whether these chemically coated papers could be considered as paper for tax purposes.

The notification in question prescribed a 6% tax rate on "paper other than hand-made paper." The court emphasized that the term "paper" must be understood in its ordinary sense and not merely based on the name. The Supreme Court's decision in Sales Tax Commissioner, U.P. v. S.N. Bros. was cited, highlighting the importance of interpreting terms based on their popular understanding in trade. Additionally, a previous case involving carbon paper was referenced to illustrate that the chemical coating on the paper was the crucial element, not the paper itself.

The court analyzed the manufacturing process of ammonia paper and ferro paper, noting that they were chemically coated papers used for specific purposes like obtaining prints and sketches. The judgment emphasized that these items did not serve the general functions of paper used for writing, printing, or wrapping. Drawing parallels with a Kerala High Court decision regarding cellophane, the court concluded that these chemically coated papers did not fall under the category of paper as commonly understood.

In light of the above analysis, the court answered the reference question in the negative, favoring the assessee and rejecting the department's classification of ammonia paper and ferro paper as paper for taxation purposes. The assessee was awarded costs, and the reference was answered in favor of the assessee.