1992 (1) TMI 327 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of government notifications regarding tax rates on specific goods.
2. Classification of glassine paper and greaseproof paper as packing material.
3. Consideration of previous orders by lower authorities in tax assessment.

Analysis:
The case involved a revision against an order passed by the Rajasthan Sales Tax Tribunal, which set aside the order of the Deputy Commissioner (Appeals) regarding the tax rate imposed on glassine paper and greaseproof paper. The Deputy Commissioner had allowed the appeal filed by the petitioner, holding that the papers were used for packing and thus eligible for a concessional tax rate of 3 percent. However, the Tribunal, based on a government notification from 1983, ruled that the petitioner was liable to pay tax at the rate of 7 percent as the papers were included under the higher tax bracket despite their packing use.

In the judgment, the court considered the arguments presented by both parties. The petitioner's counsel referred to a previous government notification from 1971, which classified certain papers, including those used for packing, under a 3 percent tax rate category. The counsel argued that glassine paper and greaseproof paper sold by the petitioner fell under the definition of "packing material" and should be taxed at the concessional rate. On the other hand, the opposing counsel contended that only specific types of paper, such as brown paper, should be considered as packing material, excluding glassine paper and greaseproof paper.

The court analyzed the definition of "packing material" and concluded that all papers used for packing purposes should be included under this category. It noted that the Sales Tax Tribunal failed to consider this crucial aspect and did not give due regard to the Deputy Commissioner's order, leading to an arbitrary reversal of the decision. Consequently, the court allowed the revision, set aside the Tribunal's order, and upheld the Deputy Commissioner's decision, affirming that glassine paper and greaseproof paper are indeed packing material subject to a concessional tax rate of 3 percent.

In the final judgment, the court directed that each party would bear its own costs, and the petition was allowed in favor of the petitioner, confirming the classification of glassine paper and greaseproof paper as packing material eligible for a lower tax rate.