2011 (8) TMI 595 - HC - VAT and Sales Tax

Classification - mouth freshener and mukhwas - Under entry 91 of Schedule C tax @ 4 percent OR classifiable under entry 1 of the Schedule E, tax @ 12.5 per cent - Held That - Tribunal had placed extensive reliance on Central Excise Act and on Harmonized commodity description Tribunal was required to consider the entry, as it stands, in the Value Added Tax Act enacted by the State Legislature. Tribunal was in error. classifiable under entry 1 of the Schedule E, tax @ 12.5 per cent.

Summary

Issues Involved:
1. Classification of "mouth freshener" and "mukhwas" under the Maharashtra Value Added Tax Act, 2002.
2. Determination of the applicable tax rate for these products.

Detailed Analysis:

1. Classification of "mouth freshener" and "mukhwas":
The primary issue was whether the products "mouth freshener" and "mukhwas" should be classified under entry 91 of Schedule C, attracting a tax rate of 4%, or under entry 1 of Schedule E, attracting a tax rate of 12.5%. The respondent, a registered dealer, argued that these products should be classified as "spices of all varieties and forms" under entry 91 of Schedule C. The Commissioner of Sales Tax initially classified these products under entry 1 of Schedule E, stating they attract a tax rate of 12.5%. The Sales Tax Tribunal later reclassified the products under entry 91 of Schedule C, thus attracting a lower tax rate of 4%.

2. Determination of the applicable tax rate:
The High Court had to determine whether the Tribunal's reclassification was correct. The court noted that the products in question undergo a manufacturing process that results in commercially distinct articles. The products involve the roasting, frying, and mixing of spices with other ingredients like sugar, salt, and flavoring substances. Despite the use of spices as ingredients, the final products do not retain the essential character of being spices. The court referred to the common parlance test and previous Supreme Court judgments, which emphasized that a new product with a distinct commercial identity emerges from the manufacturing process, thus not qualifying as spices.

Court's Findings:
The court concluded that the products "mouth freshener" and "mukhwas" do not fall under the category of "spices of all varieties and forms" as per entry 91 of Schedule C. The court relied on definitions from authoritative sources and previous legal precedents to determine that the final products, despite being made from spices, are commercially distinct and do not retain the essential character of spices. Therefore, they should be classified under the residuary entry 1 of Schedule E, attracting a tax rate of 12.5%.

Conclusion:
The High Court allowed the appeal, holding that the Tribunal erred in its classification. The products in question are to be classified under entry 1 of Schedule E, thereby attracting a tax rate of 12.5%. The appeal was disposed of with no order as to costs.