2007 (7) TMI 585 - HC - VAT and Sales Tax

Whether maize is a coarse grain and is exempt from payment of value added tax under item No. 13 of Schedule B of the H.P. Value Added Tax Act, 2005 or is liable for payment of tax at four per cent under Part II of Schedule A of the said Act? Held that - Maize which is admittedly a coarse grain is exempt from tax under item No. 13 of Schedule B of the H.P. VAT Act, 2005. The writ petitions are allowed in the aforesaid terms.

Summary

Issues:
- Whether maize is exempt from payment of value-added tax under the H.P. Value Added Tax Act, 2005 or is liable for payment at four percent under a different schedule?

Analysis:
The judgment of the High Court of Himachal Pradesh dealt with the issue of whether maize, classified as a coarse grain, should be exempt from value-added tax or be taxed at four percent under the H.P. Value Added Tax Act, 2005. The State argued that maize falls under item No. 28 of Part II of Schedule "A" of the Act, making it chargeable at four percent. On the other hand, the petitioner contended that maize is covered under item No. 13 of Schedule "B," exempting it from tax. Both parties invoked the principle "Generalibus specialia derogant," asserting that the specific entry should prevail over the general entry. The Court examined the Central Sales Tax Act, which declares certain goods, including maize, as of special importance for inter-State trade, limiting the State's power to tax such goods above four percent.

The Court analyzed that the Central Sales Tax Act is a general Act, and the special importance given to certain goods aims to facilitate the free movement of essential items. It noted that the Act does not mandate a four percent tax rate but restricts the State from exceeding that rate. The Court found the State's argument, considering the Central Sales Tax Act as a special enactment, to be incorrect. It emphasized that the H.P. VAT Act is a self-contained code, allowing the State to exempt goods from tax under Section 9. The specific entry of coarse grains, including maize, in Schedule "B" prevailed over the general entry in Schedule "A" for goods of special importance.

Moreover, the Court highlighted that Schedule "B" exempted coarse grains other than paddy, rice, and wheat from tax, indicating the Legislature's intention to differentiate between these categories. By considering the provisions of the Central Act and the specific exemptions in Schedule "B," the Court concluded that maize, being a coarse grain, is exempt from tax under item No. 13 of Schedule "B" of the H.P. VAT Act, 2005. Therefore, the writ petitions were allowed, and no costs were awarded in the case.