1985 (8) TMI 340 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of the term "dye" under entry No. 25 of Part II of Schedule II of the Madhya Pradesh General Sales Tax Act, 1958.

Detailed Analysis:
The judgment pertains to two references under section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, involving the question of whether materials sold by the assessee, used as a coloring agent, fall under entry No. 25 of Part II of Schedule II of the Act. The dealer, engaged in the manufacture and sale of red oxide of iron, contended that the red oxide was a natural dry pigment and not a "dye" as per the relevant entry. The assessing authority taxed the red oxide under entry No. 25, considering it a coloring agent for cement and plaster. The Appellate Assistant Commissioner upheld the tax, but the Tribunal ruled in favor of the dealer, stating that the red oxide was not a "dye." The matter was then referred to the High Court for decision.

The Court analyzed the term "dye" as per common parlance and various dictionaries. It noted that the red oxide of iron, used for coloring cement and plaster, qualifies as a coloring powder that imparts color. Referring to a previous Full Bench decision, the Court emphasized that the ordinary process of coloring articles with a color powder falls within the definition of "dyes." The Court distinguished a Supreme Court case concerning edible and non-edible colors, emphasizing that the red oxide in question was used for non-edible purposes. Scientific and technical meanings were deemed irrelevant, and the focus was on the common understanding of the term "dye" in the relevant trade.

The Court dismissed the reliance on a letter from the Director of the National Test House and a memorandum regarding paints and varnishes, as these did not alter the fact that the red oxide of iron was used as a coloring agent for cement and plaster. Consequently, the Court ruled in favor of the department, holding that the materials sold by the assessee, used as a coloring agent, are covered under entry No. 25 of Schedule II-Part II of the Madhya Pradesh General Sales Tax Act, 1958. The reference was answered in the affirmative, with no order as to costs.