2015 (6) TMI 1008 - HC - VAT and Sales Tax

Classification - whether the goods sold would be termed as butter and ghee sold registered under the Trade and Merchandise Act , falling under serial No. 8 of Part D of the First Schedule, liable to tax at 11 per cent Or they would be termed as butter and ghee sold under brand name not registered under the Trade and Merchandise Act , falling under serial No. Chapter 10A, Part B of the First Schedule, taxable at four per cent - Nor the respondent had used any trade mark for selling butter and ghee nor it has registered the name of the company and his personal name under the provisions of the Trade and Merchandise Marks Act, 1958 - Held that - the words printed on the labels, viz., Nathan s Pure Ghee only denote that the product is manufactured by Nathan & Co., viz., the assessee-company. The Department is not able to show any material that the goods sold by the assessee contain any trademark or brand name registered under the Trade and Merchandise Act also it is not in a position to show any material that order of the first appellate authority and the Tribunal is in any way erroneous or irrational. Therefore, the order of the tribunal is upheld. - Decided against the revenue

Issues:
1. Whether butter and ghee sold under the name 'Nathan's pure ghee' can be equated to a brand name for tax purposes?
2. Whether the deletion of the penalty levied by the assessing authority is legally correct?
3. Whether the Appellate Tribunal was correct in setting aside the assessment of ghee and butter sold under a brand name?
4. Whether goods sold under the product of 'Nathans' acquire the status of a brand name, attracting a higher rate of tax?
5. Whether the brand name includes the sale of goods with a trade symbol or special name, attracting a higher rate of tax?
6. Whether the expression 'does not sell the goods so manufactured' includes export sales under the Tamil Nadu General Sales Tax Act, 1959?

Analysis:
1. The case involved the Revenue challenging an order enhancing the tax rate on the sale of butter and ghee under the brand name 'Nathan's pure ghee'. The Tribunal dismissed the appeals, stating that the mention of 'Nathan's Pure Ghee' did not constitute a registered trademark or recognized symbol. The Court upheld the Tribunal's decision, noting that the goods did not bear any registered trademark or brand name under the Trade and Merchandise Act, thus confirming the lower tax rate.

2. The issue of penalty deletion was raised, but the Court did not find any material to show that the first appellate authority and the Tribunal's decisions were erroneous. As a result, the Court declined to interfere with the Tribunal's order on this matter.

3. The Appellate Tribunal set aside the assessment of ghee and butter sold under a brand name, questioning the distinction in processing methods between branded and unbranded products. However, the Tribunal concluded that the goods sold by the assessee did not fall under the category of branded items attracting a higher tax rate.

4. The question of whether goods sold under the product name 'Nathans' acquired the status of a brand name was addressed. The Tribunal found that the words 'Nathan's Pure Ghee' only indicated the manufacturer's name and did not constitute a registered trademark. Consequently, the higher tax rate was set aside based on this analysis.

5. The Court considered whether the brand name encompassed the sale of goods with a trade symbol or special name, attracting a higher tax rate. It was established that the goods sold by the assessee did not contain any registered trademark or brand name under the Trade and Merchandise Act, leading to the conclusion that the higher tax rate did not apply.

6. Lastly, the interpretation of the expression 'does not sell the goods so manufactured' under the Tamil Nadu General Sales Tax Act, 1959 was discussed. The Court did not find any error in the Tribunal's decision regarding the application of this provision to both intra-state and export sales. Consequently, the tax case revisions were dismissed, with no costs awarded.

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