1975 (11) TMI 133 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of turnover under Kerala General Sales Tax Act, 1963 for the years 1968-69, 1969-70, and 1970-71 - Classification of commodity "twisted cotton fishing twine" - Applicability of tax rate - Interpretation of "cotton yarn" under item 4(ii) of the Second Schedule.

Analysis:
The High Court of Kerala addressed the assessment of turnover for three consecutive years concerning the sale of "twisted cotton fishing twine." Initially taxed at 1%, the tax rate was later revised to 3% based on the classification of the commodity. The Tribunal, after considering the ordinary meaning in common parlance, concluded that the commodity sold by the assessee fell under "cotton yarn" as per item 4(ii) of the Act, thus assessing the turnovers at 1%.

In a detailed analysis, the Court referred to various legal precedents to determine the interpretation of similar cases. Citing the Supreme Court's rulings on the classification of commodities like vanaspati, iron rods, and sugar, the Court emphasized the importance of understanding terms as per common parlance rather than technical definitions or dictionary meanings.

The Court disagreed with the Madras High Court's view in a similar case and highlighted the significance of determining whether the substance sold could be commonly understood as "cotton yarn" in the commercial world. Drawing parallels to previous judgments, the Court stressed the need to apply a common man's understanding to classify commodities correctly under tax statutes.

Ultimately, the Court set aside the Tribunal's order and remitted the cases for fresh consideration. It directed the Tribunal to reevaluate the appeals in light of the principles laid down by the Supreme Court and the guidance provided in the judgment. The parties were instructed to bear their respective costs in the tax revision cases before the Court.