1991 (3) TMI 348 - HC - VAT and Sales Tax

Summary

Issues: Interpretation of the terminology in a government notification for sales tax classification.

Analysis:
The case involved a dispute over the classification and tax rate applicable to various types of boards under the Rajasthan Sales Tax Act, 1954. The petitioner dealt with mill board, grey board, pulp board, duplex, and triplex board and sought clarification on the correct tax rate for these items. The Additional Commissioner initially classified these boards under a specific entry in a government notification, leading to a revision filed by the petitioner before the Board of Revenue, Ajmer. The Board of Revenue, comprising three members, had a split opinion on whether these boards fell under the mentioned entry. The matter was referred to the High Court for decision.

The key contention from the petitioner's side, presented by Mr. Kotwani, was that the boards in question belonged to the paper family and were distinct commodities not covered by the specific entry in the government notification. He argued for a strict interpretation of the law and highlighted that the purpose of the goods' use should not influence their classification. Mr. Kotwani also provided comparisons with sales tax acts from other states and Central Excise Tariffs to support his argument.

On the other hand, Mr. Bafna, representing the department, supported the Board of Revenue's majority view that the boards in question were species of hard or straw boards and thus fell within the ambit of the specific entry in the government notification. He contended that these items were commonly sold under the names of hard or straw boards in trade.

After considering the arguments from both sides, the High Court, in its judgment, emphasized the need for a strict interpretation of tax laws, especially in cases of ambiguity, with a preference for the assessee. The court analyzed the wording of the government notification and noted that it specifically listed certain items, excluding all paper and wood boards. The court differentiated between items from the wood family and the paper family, concluding that the disputed boards did not fall under the specified entry for taxation.

In the final decision, the High Court allowed the revision, setting aside the orders of the Board of Revenue and the Additional Commissioner. It ruled that the mill board, grey board, pulp board, duplex board, and triplex board were not covered by the terminology in the government notification and thus were not taxable at the specified rate.