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2011 (3) TMI 1516 - HC - VAT and Sales TaxWhether the two commodities CVT and UPS were rightly held by the appellate authorities below as taxable at four per cent as accessories of computers or whether they would be taxable at 10 per cent in the general residuary entry of the relevant notification dated March 27, 1995, applicable for these two assessment years? Held that - this court is of the opinion that both the appellate authorities below were justified in holding in favour of assessee that sale of CVT and UPS was taxable at the rate of four per cent in the hands of the assessee as accessories of computers and could not be taxed at 10 per cent in the residuary entry of the relevant notification. Accordingly, these revision petitions filed by the Revenue are liable to be dismissed
Issues Involved:
1. Taxability of CVT (constant voltage transformer) and UPS (uninterruptible power source) as "accessories of computers" at 4% or under residuary entry at 10%. 2. Interpretation of the term "accessories" in the context of tax entries. 3. Applicability of precedents in determining the tax rate for CVT and UPS. Issue-wise Detailed Analysis: 1. Taxability of CVT and UPS: The primary issue was whether CVT and UPS should be taxed as "accessories of computers" at 4% or under the general residuary entry at 10% for the assessment years 1995-96 and 1996-97. The learned Tax Board upheld the first appellate authority's decision, favoring the assessee, a registered dealer of computer and computer accessories, by categorizing CVT and UPS as taxable at 4% as "accessories of computers." The assessing authority had initially imposed a 6% difference tax on these goods, which was contested and subsequently decided in favor of the assessee at both appellate levels. 2. Interpretation of the term "accessories": The court examined the definition and scope of the term "accessories" through various judgments. The Supreme Court's decision in Annapurna Carbon Industries Co. v. State of Andhra Pradesh [1976] 37 STC 378 (SC) was pivotal. It defined "accessories" as objects or devices that are not essential in themselves but add to the beauty, convenience, or effectiveness of something else. The court reiterated that "accessories" need not be integral parts but can be supplementary aids to the main equipment. This interpretation was crucial in determining that CVT and UPS, which support the operation of computers, qualify as "accessories." 3. Applicability of Precedents: The court relied on several precedents to support its decision. The judgments in Union Carbide India Ltd. v. State of Andhra Pradesh [1995] 98 STC 1 (SC) and Mehra Bros. v. Joint Commercial Tax Officer, Madras [1991] 80 STC 233 (SC) were significant. These cases established that the predominant or ordinary use of an item determines its classification as an accessory. The court emphasized that CVT and UPS are commonly used with computers for providing uninterrupted power supply and voltage regulation, thereby supporting their classification as "accessories of computers." The court also distinguished the present case from other judgments cited by the Revenue, such as Standard Appliances v. State of Tamil Nadu [1996] 100 STC 557 (Mad) and Katragadda Electronics (P.) Ltd. v. State of A.P. [1988] 71 STC 281 (AP), which dealt with voltage stabilizers in different contexts and did not support the Revenue's position. Conclusion: The court concluded that CVT and UPS are indeed "accessories of computers" and should be taxed at 4% under entry No. 50 of the notification dated March 27, 1995. It rejected the Revenue's contention that these items should be taxed under the residuary entry at 10%, emphasizing that the specific entry for computer accessories takes precedence. Consequently, the revision petitions filed by the Revenue were dismissed, affirming the appellate authorities' decisions in favor of the assessee.
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