2007 (8) TMI 672 - HC - VAT and Sales Tax

Treatment of jaljira under the category of multi-ingredient packed masala - Held that - Obviously, at the time of initial assessment, jaljira was rightly considered and treated to be in residuary category and tax was levied at the rate of 10 per cent. Therefore, for the reason that in jaljira, near-about 75.18 per cent ingredients are mineral and chemical substances and remaining material is very low quantity of spices/masala, in my opinion, jaljira cannot be defined under the category of multi-ingredient packed masala because, it has an independent identity known as jaljira , which is used as appetiser. Thus, the finding of the assessing authority and learned Tax Board, Ajmer deserves to be set aside and it is held that the respondent-department cannot treat jaljira under the category of multi-ingredient packed masala because it has independent identity, which is jaljira and can be defined as an appetiser for digestion. Revision allowed. In these circumstances, these revision petitions are allowed.

Summary

Issues Involved:
1. Classification of "jaljira" for tax purposes.
2. Whether "jaljira" falls under the category of "packed masala" as per the relevant tax notifications.
3. Applicability of tax exemptions and rates for "jaljira".

Detailed Analysis:

1. Classification of "jaljira" for tax purposes:
The petitioner's firm was granted an exemption certificate on March 5, 1998, for the sale of "jaljira" under the Incentive Scheme. The respondent-department initially assessed "jaljira" at the general tax rate under the residuary entry for the assessment years 1996-97 to 2000-01. However, for the assessment year 2001-02, the department reassessed "jaljira" as a masala, taxable at 16% under entry 184 of the rate notification dated March 29, 2001. The Deputy Commissioner (Appeals) later affirmed that "jaljira" was not a masala and upheld the general tax rate of 10%. The Rajasthan Tax Board, however, reversed this decision, restoring the assessing authority's order.

2. Whether "jaljira" falls under the category of "packed masala" as per the relevant tax notifications:
The petitioner argued that "jaljira" is not a masala/spice as it is primarily composed of salts and citric acid, with only a small quantity of spices. The petitioner contended that "jaljira" is known as a mixture used in water as a drink or sprinkled on salads, not as a cooking ingredient. The respondent-department argued that since "jaljira" is sold in packed form, it falls under entry 184 (later amended to entry 186) of the notification, which includes "packed masala." The court examined the composition of "jaljira," noting that it is primarily made up of mineral and chemical substances with a minor portion of spices, and concluded that "jaljira" cannot be classified as "multi-ingredient packed masala."

3. Applicability of tax exemptions and rates for "jaljira":
The petitioner's exemption certificate was issued because "jaljira" was not considered a spice/masala. The court noted that the product was initially taxed at 10% under the residuary category. The petitioner argued that "jaljira" should be taxed similarly to ayurvedic medicines, digestive tablets, and powders under entry 86, which had a tax rate of 8%. The court agreed that "jaljira" has an independent identity as an appetiser and is not used as a cooking medium, thus it should not be classified under "multi-ingredient packed masala."

Conclusion:
The court concluded that "jaljira" should not be classified as "multi-ingredient packed masala" and should be taxed at the general rate of 10% under the residuary entry. The orders of the assessing authority and the Tax Board were set aside, and the Deputy Commissioner (Appeals)'s order was upheld. The court emphasized that "jaljira" has an independent identity and is used as an appetiser, not as a cooking ingredient.