1993 (2) TMI 284 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Classification of "two-side open wooden industrial trolley" under the Gujarat Sales Tax Act, 1969.
2. Determination of whether the trolley qualifies as "machinery" under entry 16(1) of Schedule II, Part A.
3. Determination of whether the trolley qualifies as an "accessory" under entry 36 of the exemption notification issued under section 49(2) of the Act.
4. Applicability of residuary entry 13 of Schedule III to the trolley.

Issue-wise Detailed Analysis:

1. Classification of "two-side open wooden industrial trolley" under the Gujarat Sales Tax Act, 1969:
The primary question referred to the court was whether the sale of the "two-side open wooden industrial trolley" is covered under entry 13 of Schedule III, entry 16(1) of Schedule II, Part A, or entry 36 of the exemption notification under section 49(2) of the Act.

2. Determination of whether the trolley qualifies as "machinery" under entry 16(1) of Schedule II, Part A:
The applicant argued that the trolley should be classified as "machinery" under entry 16(1) of Schedule II, Part A, as it is used in the manufacturing process. The trolley has four wheels with shafts and ball-bearings and is used to transport unfinished textile fabric for various processes. However, the Tribunal and the Deputy Commissioner held that the trolley is not "machinery" as it lacks any mechanical contrivance and does not interact with the machinery in a manner that produces a specific and definite result. The court referred to several precedents, including the Privy Council's definition in Corporation of Calcutta v. Chairman of the Cossipore and Chitpore Municipality, and the Supreme Court's approval of this definition in Commissioner of Income-tax v. Mir Mohammad Ali. The court concluded that the trolley does not meet the criteria of "machinery" as it is merely a receptacle on wheels and does not generate power or modify natural forces.

3. Determination of whether the trolley qualifies as an "accessory" under entry 36 of the exemption notification issued under section 49(2) of the Act:
The applicant alternatively argued that the trolley should be considered an "accessory" of the processing machinery under entry 36 of the exemption notification. The Tribunal rejected this contention, stating that the trolley does not enhance the convenience or effectiveness of the processing machinery. The court referred to the Supreme Court's decision in Mehra Bros. v. Joint Commercial Tax Officer, which laid down the test for determining whether an item is an accessory. The court found that the trolley does not qualify as an accessory as it does not add to the comfort, beauty, or effectiveness of the processing machinery.

4. Applicability of residuary entry 13 of Schedule III to the trolley:
Given that the trolley does not qualify as "machinery" or an "accessory," the court held that it falls under the residuary entry 13 of Schedule III. This entry covers all goods not specified in other sections or schedules of the Act. The court agreed with the Tribunal's and Deputy Commissioner's determination that the trolley is covered under this residuary entry.

Conclusion:
The court answered the reference in the affirmative, holding that the Tribunal was justified in classifying the "two-side open wooden industrial trolley" under entry 13 of Schedule III and not under entry 16(1) of Schedule II, Part A, or entry 36 of the exemption notification. The reference was answered in favor of the Revenue, with no order as to costs.