2006 (8) TMI 563 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether feeding bottle sold by the petitioner is considered "packing material" under a specific notification.
2. If the feeding bottle is not classified as packing material, whether it falls under a different category for tax assessment purposes.

Analysis:
1. The first issue in this case revolves around determining whether the feeding bottle sold by the petitioner qualifies as "packing material" under a particular notification. The Tribunal ruled that the feeding bottle does not fall under the category of packing material and should instead be assessed as a product made of plastic. The petitioner argued that bottles made of polycarbonate should be considered packing material as per the notification. However, the court disagreed, stating that feeding bottles are primarily used for feeding babies and not for packing commodities. As feeding bottles serve a different purpose and are not intended for packing, they do not meet the criteria set out in the notification. Therefore, the court upheld the Tribunal's decision rejecting the petitioner's claim regarding the feeding bottle's classification.

2. The second issue concerns the tax rate applicable to the feeding bottle. The assessing officer initially categorized the product as a plastic item under a specific entry in the tax schedule. In response, the petitioner provided a certificate stating that the item is made of food-grade polycarbonate. Despite this, the Tribunal upheld the assessment under the plastic category without delving into detailed analysis. The court acknowledged that while polycarbonate and plastic are polymeric substances, a more thorough examination is necessary to determine the correct classification based on industry standards, raw materials, and product constituents. The court directed the Tribunal to reevaluate the tax rate issue, emphasizing the importance of gathering information on raw materials used and industry practices to make an informed decision. The Tribunal was instructed to reach a final decision within two months of receiving the judgment copy, highlighting the need for a comprehensive review before determining the appropriate tax rate for the feeding bottle.