1993 (1) TMI 278 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of relevant entries in Gujarat Sales Tax Act, 1969 regarding the classification of white printed wrappers for taxation purposes.

Detailed Analysis:

Issue 1: Classification of white printed wrappers under the Gujarat Sales Tax Act, 1969
The Gujarat Sales Tax Tribunal referred a question regarding the classification of white printed wrappers under the Act. The opponent firm argued that the printed wrappers should be considered as paper under entry 31 of Schedule II, Part A, and not under the residuary entry 13 of Schedule III. The Deputy Commissioner initially classified the wrappers under the residuary entry, but the Tribunal allowed the appeal, stating that the Legislature did not intend for such wrappers to be covered by the residuary entry.

Issue 2: Interpretation of relevant entries in the Act
The Tribunal referred to various entries in Schedule II, Part A, including entry 31 which covers paper, and entry 12 which specifies certain types of paper. The Tribunal also considered the amendment to entry 12, which added "printed wrappers of paper" as a sub-entry. The Tribunal analyzed these entries to determine the appropriate classification for white printed wrappers.

Issue 3: Arguments presented by the Revenue
The counsel for the applicant-State argued that the white printed wrappers should be classified under the residuary entry 13 of Schedule III as they did not fit into any specific entries in Schedule I or II. The counsel contended that the wrappers lost their identity as paper and became a different commercial commodity when used for wrapping cotton textile goods.

Issue 4: Court's Analysis and Decision
The Court analyzed the relevant entries and held that the term "paper" in entry 31 of Schedule II should be understood in its common parlance meaning, which includes printed wrappers. The Court noted that the specific exclusions in entry 12 did not encompass the printed wrappers. The Court also discussed the Supreme Court's judgment regarding the definition of paper and its application to the case at hand. Ultimately, the Court found that the white printed wrappers should be classified under entry 31 and not the residuary entry, as per the legislative intent reflected in the entries.

Conclusion:
The Court answered the reference question in the affirmative, stating that the white printed wrappers should be classified under entry 31 of Schedule II, Part A. The judgment provides a detailed analysis of the relevant entries and legal principles, concluding that the specific classification for such wrappers was intended by the Legislature.