2000 (2) TMI 804 - HC - VAT and Sales Tax

Summary

Issues:
1. Classification of tarpaulin under the Kerala General Sales Tax Act, 1963.
2. Interpretation of relevant entries in the Schedules of the Act.
3. Validity of the clarification issued by the State under section 59A of the Act.

Classification of Tarpaulin:
The Revenue contended that tarpaulin falls under item 100-C of the First Schedule, while the Tribunal held that it is covered under item 7 of the Third Schedule. The history of legislative changes in the Schedules was examined to determine the tax applicability. The Tribunal relied on a decision from the Andhra Pradesh High Court and concluded that tarpaulin is akin to cotton fabrics. The Revenue's argument was that tarpaulin is a textile commodity taxable under item 100-C, whereas the assessee claimed it should be exempt under item 7 of the Third Schedule.

Interpretation of Schedules:
The Court analyzed the historical evolution of entries related to tarpaulin in the Schedules of the Act. It noted that tarpaulin was not specifically classified until later amendments. The Revenue's stance that tarpaulin should be taxed under section 5(1)(ii) was rejected, emphasizing the absence of a specific entry in the First Schedule. The Tribunal's decision to consider tarpaulin under item 7 of the Third Schedule, exempting it as "cotton fabrics," was upheld based on the legislative history and lack of a distinct classification for tarpaulin.

Validity of State's Clarification:
The Revenue heavily relied on a clarification issued under section 59A of the Act. However, the Court scrutinized the scope of this provision based on previous judgments. It was established that the provision granting power to the Government to determine tax rates lacked specific guidelines and was deemed arbitrary and violative of constitutional principles. The Court emphasized that such clarifications cannot override quasi-judicial or judicial decisions and should not bind parties without due process. The Tribunal's decision to exempt tarpaulin under item 7 of the Third Schedule was deemed appropriate, and the Revenue's reliance on the State's clarification was dismissed.

In conclusion, the Court dismissed the Revenue's revision applications, affirming the Tribunal's decision regarding the classification and tax applicability of tarpaulin under the Kerala General Sales Tax Act, 1963. The judgment highlighted the significance of legislative history, proper interpretation of Schedules, and the limitations of executive clarifications in tax matters.