1987 (2) TMI 490 - HC - VAT and Sales Tax

Summary

Issues:
Identification of whether woollen cardigans and pullovers should be classified as articles of hosiery or woollen goods for tax purposes.

Analysis:
The case involved a dispute regarding the tax treatment of woollen cardigans and pullovers, whether they should be considered as articles of hosiery or woollen goods for taxation purposes. The turnover of these items was being taxed at different rates - 3% for hosiery and 6% for woollen goods. The matter was brought before the Full Bench of the Court after various conflicting opinions were expressed by different judges. The British India Corporation Ltd. (BIC) was the assessee under the U.P. Sales Tax Act, and the turnover in question related to the sale of woollen cardigans and pullovers exceeding a crore of rupees in the assessment year 1970-71.

The case had a convoluted journey through different judges in the Court, with conflicting opinions leading to the matter being referred to a larger Bench. The Full Bench, after considering the issue, decided to focus on how the articles in question are understood in common parlance rather than solely relying on legal precedents. The Tribunal was directed to determine how woollen cardigans and pullovers are treated in commercial circles - as hosiery or woollen goods. The Tribunal, after evaluating the evidence, concluded that these items are considered as articles of hosiery in commercial circles.

Based on the Tribunal's finding, the Court held that the turnover relating to woollen pullovers and cardigans should be taxed as hosiery goods. The Court emphasized that the Tribunal's conclusion on the classification of these items in commercial circles was a factual finding, binding in a revision under the U.P. Sales Tax Act. Since the revision lies only on a question of law under the relevant section, the Court accepted the Tribunal's finding and allowed the petition in favor of taxing the turnover as hosiery goods.