2015 (11) TMI 327 - HC - VAT and Sales Tax

Exemption from tax - Classification of goods - manufacturing of non-woven felts used in cars as a matting - Classification under item No. 68 or under tariff item No. 22G - Held that - Tax Board has rightly come to the conclusion that it falls within the definition of fabric and is thus exempt. A fabric has been defined to mean All textiles no matter how constructed, how manufactured, or the nature of the material from which made. and the expression textile is described as any product manufactured from fibres through twisting, interlacing, bonding, looping, or any other means in such a manner that the flexibility, strength and other characteristic properties of the individual fibres are not suppressed . Fabric has also been defined as a collective term applied to cloth, no matter how constructed or manufactured and regardless of the kind of fiber from which made. In structure it is planner produced by interlacing yarns, fibres or filaments. Textile fabrics include the following varieties, bonding, felted, knitted, braided and woven . Once the product manufactured by the assessee is held to be fabric, the nature would remain the same and it would continue to remain as textile/fabric. - assessee displayed the samples of the products in question not only before the Tax Board but was available in the file of the learned AO and the Tax Board has come to a definite finding of fact and after verification of the items has come to the conclusion that the items fully withstand the test of pliability and once the factual finding has come on record, the view of the Tax Board, after analysing the material on record, appears to be well justified. - Decided against Revenue.

Issues Involved:

1. Classification of non-woven felts as textile fabric.
2. Entitlement to tax exemption under the State and Central Acts.
3. Validity of the Tax Board's decision.
4. Expertise of the Tax Board in determining the nature of the product.
5. Reliance on expert opinion for classification.
6. Applicability of previous judgments on similar matters.

Detailed Analysis:

1. Classification of Non-Woven Felts as Textile Fabric:
The respondent-assessee manufactures non-woven felts classified under the Central Excise Tariff as non-made fabric. The manufacturing process involves converting textile fibers into a web and then into fabric by a needle punching system, which is different from traditional fabric manufacturing. The assessee argued that their product falls under tariff item No. 22, making it a "textile fabric" exempt from tax.

2. Entitlement to Tax Exemption:
The dispute centers on whether the items manufactured by the assessee, primarily used in cars as matting, qualify as man-made fabric eligible for tax exemption. The assessee claimed exemption based on the revised classification by Central excise authorities, which categorized their product under tariff item No. 22, except for two specific products classified under item No. 22G.

3. Validity of the Tax Board's Decision:
The Assessing Officer and the Deputy Commissioner (Appeals) denied the exemption, but the Tax Board reversed this decision, accepting the assessee's contention. The Tax Board concluded that the product qualifies as "fabric" and is thus exempt from tax.

4. Expertise of the Tax Board in Determining the Nature of the Product:
The petitioner-Revenue contended that the Tax Board lacked the expertise to classify the product merely by examining samples. They argued for the matter to be referred to an expert body for an opinion. However, the court noted that the samples were available to the Assessing Officer, who did not seek expert opinion at the time, making it inappropriate to restore the matter for further analysis after three decades.

5. Reliance on Expert Opinion for Classification:
The court emphasized that the Tax Board's decision was based on a factual finding after verifying the items, which fulfilled the test of pliability. The court held that it could not overturn the Tax Board's factual findings, especially given the significant time elapsed since the assessment year 1984-85.

6. Applicability of Previous Judgments:
The court referred to several precedents to support its decision:
- In Porritts & Spencer (Asia) Ltd. v. State of Haryana, the Supreme Court held that dryer felts, though used in paper manufacturing, are textiles within the ordinary meaning of the term.
- In Filterco v. Commissioner of Sales Tax, the Supreme Court ruled that pliability is an essential attribute of cloth, and only those varieties of felt that meet this criterion can be classified as cloth.
- In Delhi Cloth & General Mills Co. Ltd. v. State of Rajasthan, the Supreme Court held that rayon tyre cord fabric is a woven fabric and thus exempt from sales tax.
- The Gujarat High Court in State of Gujarat v. Ghanshyam Stores held that interlining collar cuttings are cotton fabrics and exempt from tax.
- The Rajasthan High Court in Commercial Taxes Officer, Pali v. Sakariya Textiles held that cotton thread, even when twisted or braided, remains cotton yarn and is exempt from tax.

Conclusion:
The court affirmed the Tax Board's decision, holding that the non-woven felts manufactured by the assessee qualify as textile fabric and are thus exempt from tax. The court dismissed the revision petition filed by the petitioner-Revenue, upholding the Tax Board's findings and emphasizing the importance of adhering to factual determinations and established legal precedents.

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