2006 (1) TMI 586 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of relevant customs tariff for textile fabrics.
2. Validity of levy of sales tax on imported goods.
3. Application of Central Sales Tax Act and Customs Tariff Act.
4. Consideration of previous court judgments on similar matters.

Detailed Analysis:
1. The petitioner, a registered dealer importing textile fabrics, challenged an order imposing sales tax on the goods imported. The goods were classified under entry 59.03 of the customs tariff as textiles coated with plastics. The petitioner contended that paying customs duty, countervailing duty, and special additional duty under the Customs Tariff Act exempted them from state sales tax. The Special Tribunal held the goods liable for a maximum tax rate of four percent, which the petitioner contested as illegal.

2. The court referred to a Division Bench judgment and a Supreme Court decision which clarified that the Additional Duties of Excise Act does not affect the state's power to levy sales tax on goods covered by the Act. The court also cited a previous case involving sugar imports, where it was established that goods falling under specific categories are considered "declared goods" and can only be taxed at a maximum rate of four percent under the Central Sales Tax Act.

3. Based on the legal precedents and the interpretation of relevant laws, the court found that the goods in question, similar to sugar imports, fell under the category of "declared goods" and could only be taxed at a maximum rate of four percent. The court upheld the decision of the Special Tribunal, dismissing the writ petition challenging the levy of sales tax on the imported textile fabrics.

4. The court's decision was supported by previous judgments that established the application of the Central Sales Tax Act and the Customs Tariff Act in determining the tax liability on imported goods. The court's analysis of the legal framework and past rulings provided a solid basis for rejecting the petitioner's claim and upholding the imposition of sales tax on the imported textile fabrics.