1975 (2) TMI 97 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Whether the oil-tank sold by the respondent falls within entry No. 58 of Schedule C to the Bombay Sales Tax Act, 1959.
2. Whether the oil-tank is a component part of a motor vehicle.
3. Whether the oil-tank is an article adapted for use as parts and accessories of motor vehicles.
4. The relevance of the terms of the contract between the parties in determining the tax entry.

Summary:

Issue 1: Classification of the Oil-Tank
The primary issue was whether the oil-tank sold by the respondent fell within entry No. 58 of Schedule C to the Bombay Sales Tax Act, 1959. The Tribunal concluded that the oil-tank did not fall under this entry but rather under entry No. 22 of Schedule E, which is the residuary entry.

Issue 2: Component Part of a Motor Vehicle
The Commissioner of Sales Tax initially held that the oil-tank was a component part of a motor vehicle, thus attracting a higher tax rate u/s 58(2) of Schedule C. However, the Tribunal found that the oil-tank had an independent existence and could be used for purposes other than being mounted on a motor vehicle chassis. The High Court agreed with the Tribunal, stating that the oil-tank was not a component part of a motor vehicle as it retained its individuality and was easily detachable.

Issue 3: Article Adapted for Use as Parts and Accessories
The alternative argument was whether the oil-tank fell under the second part of sub-entry (2) of entry No. 58, which includes articles adapted for use as parts and accessories of motor vehicles. The Tribunal found that the oil-tank was ordinarily used for purposes other than being mounted on a motor vehicle chassis. The High Court upheld this finding, stating that the oil-tank did not meet the condition of being used exclusively as a motor vehicle part or accessory.

Issue 4: Terms of the Contract
The respondents argued that the terms of the contract should determine the tax entry. The High Court rejected this argument, stating that it is the nature, character, and ordinary use of the goods that determine the applicable tax entry, not the contractual terms between the parties.

Conclusion:
The High Court answered the question in the affirmative, agreeing with the Tribunal's conclusion that the oil-tank did not fall within entry No. 58 of Schedule C but rather under entry No. 22 of Schedule E. The applicant was ordered to pay the costs of the reference.