1977 (3) TMI 135 - HC - VAT and Sales Tax

Summary

Issues: Interpretation of entry 117 of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959 regarding the classification of PVC coated paper for tax purposes.

In this judgment by the Madras High Court, the court considered a revision petition against the Sales Tax Appellate Tribunal's decision regarding the classification of PVC coated paper under entry 117 of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959. The key issue was whether PVC coated paper falls under this entry, making its turnover subject to single point tax. The court analyzed the language of entry 117, which includes various types of paper and paperboard, stating that it is comprehensive and intended to cover all kinds of paper. The court highlighted that the entry specifically mentions "all other kinds of paper and paper board not otherwise specified," indicating the broad scope intended by the legislature. The court noted that the exclusion of cinematographic and photographic paper from the entry further demonstrates the expansive nature of the classification. The court acknowledged that PVC coated paper is used in book-binding and other applications. The petitioner's counsel argued that the entry should only cover papers used for writing, printing, or wrapping, but the court rejected this argument, emphasizing the inclusive language of entry 117. The court also dismissed the contention that only papers subjected to specific manufacturing processes are included in the entry, pointing out that the inclusion of "coated board" supports the classification of PVC coated paper under the entry. Ultimately, the court upheld the Tribunal's decision, ruling that PVC coated paper falls within the ambit of entry 117, and consequently, the tax revision petition was dismissed with no order as to costs.