2007 (1) TMI 533 - HC - VAT and Sales Tax

Summary

Issues involved: Interpretation of tax laws regarding classification of narrow woven fabrics and braided cords under U.P. Trade Tax Act, 1948 and Central Sales Tax Act, 1956.

Issue 1: Whether the Trade Tax Tribunal was legally justified in allowing the appeal filed by the dealer?

The Tribunal held that narrow woven fabrics and braided cords were exempt from tax as cotton fabrics under a specific notification. The assessing authority had levied tax on these items under a different entry. Previous decisions and circulars from the State Government supported the exemption. The High Court upheld the Tribunal's decision based on the binding nature of the circulars on Revenue authorities.

Issue 2: Whether narrow woven fabrics and braided cords fall under the category of textile and are exempt from tax?

The Tribunal justified the exemption based on the classification of these items as cotton fabrics. Previous rulings and circulars from the State Government confirmed this exemption. The High Court upheld the Tribunal's decision, emphasizing the binding nature of government circulars on tax authorities.

Issue 3: Whether braided cords and narrow woven fabrics fall under the category of 'tapes, niwar'?

The assessing authority had initially taxed these items under the entry "Tapes, niwar and laces." However, the Tribunal exempted them as cotton fabrics based on past decisions and government circulars. The High Court upheld this exemption, citing the principle that Revenue authorities must adhere to the interpretations provided in official circulars.

In conclusion, the High Court upheld the Tribunal's decision to exempt narrow woven fabrics and braided cords from tax, emphasizing the binding nature of government circulars on tax authorities. The revisions challenging the Tribunal's order were dismissed.