2016 (12) TMI 754 - HC - VAT and Sales Tax

Classification of goods - whether purified water sold by the assessee in loose jars would fall under Entry 154 of Schedule IIA to the Sales Tax Act as contended on behalf of the Revenue or it would fall under Entry 93 of Schedule I to the Sales Tax Act as contended on behalf of the assessee? - Held that - when the assessee is selling the purified water in a jar having the capacity of 5 or 10 liters, having a top which is closed, it cannot be said that the assessee is selling the purified water in a sealed jar. Similarly, it cannot be said that the assessee is selling the purified water in a corked bottle, jar or pouch. However, considering the dictionary meaning of the word Capsule , it can be said that the assessee is selling the purified water under the brand name (Shital) in a capsuled jar. As per the meaning of capsule in the Oxford Dictionary and other general dictionaries, Capsule means a small case or container; a top or cover for a bottle; contains small or compact; enclose in or provide with a capsule. Under the circumstances, when the assessee is selling the purified water under the brand name Shital in a capsule jar i.e. in the jars / water jugs having the capacity of 5 or 10 liters and having a top which is closed, it can be said that the assessee is selling the purified water under the brand name in a capsuled jar and therefore, Entry 154 of Schedule IIA of the Sales Tax Act shall be attracted and the purified water sold by the assessee fall under Entry 154 of Schedule IIA of the Sales Tax Act. Appeal disposed off - decided in favor of Revenue.

Summary

Issues:
Determining the tax category for purified water sold in jars - Entry 154 of Schedule IIA vs. Entry 93 of Schedule I to the Gujarat Sales Tax Act, 1969.

Analysis:
The case involved a dispute over the tax category for purified water sold in jars by an assessee. The main issue was whether the water should be taxed under Entry 154 of Schedule IIA or Entry 93 of Schedule I. Entry 154 pertained to water sold under a brand name in sealed containers, while Entry 93 covered water not specified in other entries. The assessee argued that since the water was not sold under a brand name in sealed containers, it should fall under Entry 93. On the other hand, the Revenue contended that the water was indeed sold under a brand name and in a capsuled jar, meeting the criteria of Entry 154.

The assessee maintained that the water was not sold under a brand name or in sealed containers, as it was sold in returnable jars without seals. The Revenue argued that the brand name "Shital" was affixed to the jars, making it a branded sale in capsuled jars. The court analyzed the definitions and interpretations of brand names and sealed containers to determine the applicability of Entry 154.

The court observed that the brand name "Shital" was indeed affixed to the jars, making it a branded sale as per the definition under the Sales Tax Act. It was noted that the requirement of selling under a brand name in sealed containers applied to all items in Entry 154, including purified water. While the jars were not sealed, they were considered capsuled jars based on the definition of "capsule" from dictionaries, indicating a small case or container enclosing the contents securely.

Ultimately, the court held that the purified water sold by the assessee fell under Entry 154 of Schedule IIA, subject to tax payment. The decision favored the Revenue's position, confirming the Tribunal's judgment. The Tax Appeals were disposed of accordingly, with no costs awarded.

This detailed analysis highlights the arguments presented by both parties, the court's interpretation of relevant legal provisions, and the final decision reached based on the facts and circumstances of the case.