1994 (9) TMI 329 - HC - VAT and Sales Tax

Summary

Issues: Classification of pullovers and cardigans under the U.P. Sales Tax Act

Analysis:
The judgment involves a revision petition under section 11 of the U.P. Sales Tax Act challenging an order passed by the Sales Tax Tribunal regarding the classification of pullovers and cardigans for the assessment year 1980-81. The main issue is whether these items should be treated as unclassified goods, as argued by the Revenue, or as readymade garments, as determined by the Tribunal.

The Government of Uttar Pradesh issued a notification under the U.P. Sales Tax Act, 1948, classifying various goods for taxation purposes. The key contention revolves around whether pullovers and cardigans fall under the category of readymade garments or hosiery articles. The dealer argues that these items are readymade garments and should be taxed accordingly, a position upheld by the Tribunal.

The court analyzed the definitions of "garment" and "clothing" to establish that pullovers and cardigans are indeed garments used as clothing. It emphasized that hosiery intended for use as clothing should be considered under the category of readymade garments, as per the notification issued by the Government.

Referring to precedents, the court cited the case of Laxmi Stores v. Sales Tax Officer, where it was established that hosiery items are also considered garments. Additionally, in Commissioner of Sales Tax v. Har Narain Moti Lal, it was held that certain hosiery items like nylon and woollen hosiery are classified as readymade garments under the relevant notification.

Based on the above analysis and legal precedents, the court concluded that the pullovers and cardigans in question are indeed readymade garments and should be taxed as such. Consequently, the revision petition was dismissed, affirming the Tribunal's decision on the classification of the items.

In summary, the judgment clarifies the classification of pullovers and cardigans under the U.P. Sales Tax Act, emphasizing that these items qualify as readymade garments based on legal definitions and precedents, leading to the dismissal of the revision petition.