2011 (12) TMI 486 - HC - VAT and Sales Tax

Summary

Issues involved: Classification of toffees, candies, and lollypops for tax purposes under the VAT Act.

Summary:
The High Court of Allahabad addressed the controversy regarding the classification of toffees, candies, and lollypops for tax purposes under the VAT Act. The Court consolidated four revisions into a common judgment, with Commercial Tax Revision no.830 of 2010 as the leading case. The assessee challenged the Tribunal's order classifying the items as unclassified and subject to 12.5% tax instead of the claimed 4% tax under Part A, Schedule II of the VAT Act. The revisionist argued that the products should be covered under entry 137 of Schedule II as sugar products, citing circulars defining sugar products as those containing 70% sugar, 25% liquid glucose, and 5% other materials. The revisionist claimed their products contained over 90% sugar, supported by a chemical analysis report disregarded by the assessing authority. The State's standing counsel acknowledged the binding nature of decisions made under section 59 of the VAT Act but proposed a chemical analysis test by a government-approved laboratory to determine the sugar percentage in the products. The Court directed the assessment authority to conduct the analysis within two months and issue fresh orders within three months, setting aside the Tribunal's order and disposing of all revisions.