1978 (9) TMI 162 - HC - VAT and Sales Tax

Summary

Issues:
Classification of wood sold by the assessee - whether firewood or an unclassified item.

Detailed Analysis:
The revising authority referred the question of law regarding the classification of wood sold by the assessee as firewood or an unclassified item. The assessee dealt in lime, bamboo, and fuel wood, which was supplied to paper mills as "kokat." The Sales Tax Officer initially taxed the wood as an unclassified commodity, considering it pulp wood. However, the appellate authority and revising authority found that the wood sold was waste wood primarily used as fuel wood, not timber. The revising authority dismissed the revision filed by the Commissioner of Sales Tax, concluding that the wood should be taxed as firewood, not an unclassified item.

The counsel for the department argued that since the wood was used for making paper, it should be taxed as an unclassified item. However, the Judge (Revisions) found that the wood sold was waste wood primarily used as fuel wood, irrespective of its specific use by the paper mills. The judgment cited precedents where the common use of a commodity determined its classification, not its special use. The court emphasized that the common user of an article, in this case, firewood, dictated its classification, regardless of any specific industrial use.

The counsel for the department relied on previous court decisions regarding the classification of commodities based on their use. However, the court clarified that the test for classification should be the common user of the commodity, not its special use. The judgment highlighted that the notification regarding firewood applied statewide, and the term "firewood" encompassed all wood primarily used for fuel, including the kokat sold by the assessee. Therefore, the court answered the referred question in favor of the assessee, concluding that the wood should be classified as firewood, entitling the assessee to costs.

In conclusion, the judgment clarified the classification of the wood sold by the assessee as firewood based on its common use, rejecting the argument that its specific industrial use should determine its taxation category. The court emphasized the importance of common user in determining the classification of commodities under relevant notifications, ensuring consistency in taxation across the state.