2009 (3) TMI 961 - HC - VAT and Sales Tax

Summary

Issues: Classification of broken wheat for tax assessment under Kerala General Sales Tax Act, 1963. Entitlement to concessional rate of tax on inter-State sale for broken wheat.

Classification of Broken Wheat:
The key issue in this case was the classification of broken wheat for tax assessment under the Kerala General Sales Tax Act, 1963. The court deliberated on whether broken wheat falls under entry 172 of the First Schedule as a wheat product or is considered wheat itself covered by the Second Schedule entry. The Tribunal, relying on a Supreme Court decision, determined that broken wheat is a wheat product liable for assessment under entry 172 at four per cent. The court analyzed that broken wheat, being a processed form of wheat where the husk is removed and broken into pieces, is distinct from wheat as such. It was noted that broken wheat is a value-added product and cannot be equated with wheat itself. The court rejected the petitioner's argument comparing broken wheat with broken rice, emphasizing that broken wheat is a separate category of wheat products like maida, atta, sooji, and rava listed under entry 172. Consequently, the court concluded that broken wheat is rightly classifiable under entry 172 and subject to tax at four per cent.

Entitlement to Concessional Rate of Tax on Inter-State Sale:
Another significant issue addressed in the judgment was the entitlement of the petitioner, a small-scale industrial unit, to a concessional rate of tax on inter-State sale of broken wheat. The court observed that the Department could not take contradictory stands regarding the identity of the product. Since broken wheat was classified as a wheat product for tax assessment, the petitioner should be entitled to the concessional rate on inter-State sales as well. Therefore, the court directed the assessment of inter-State sales turnover of broken wheat at four per cent, provided the assessee qualified for the benefit of the notification for inter-State sale of products. The judgment upheld the classification of broken wheat by the Tribunal but mandated the grant of a concessional rate at four per cent on inter-State sale of broken wheat without a C form.

In conclusion, the Kerala High Court's judgment clarified the classification of broken wheat under the Kerala General Sales Tax Act, 1963, emphasizing its distinction from wheat as such and its categorization as a wheat product under entry 172. Additionally, the court addressed the entitlement of the petitioner to a concessional rate of tax on inter-State sale of broken wheat, ensuring consistency in the treatment of the product for tax purposes.