2019 (10) TMI 809 - HC - VAT and Sales Tax

Classification of an item - mirror glass sheets - unclassified item or not - Whether, in the facts and circumstances of the case, the Tribunal was justified in taxing the mirror glass sheet being sold by the revisionist either as toilet requisite or by treating them to be different from ordinary glass sheet and therefore falling within the purview of Entry-39 of the Notification dated 20.5.1976? HELD THAT - In the facts of the present case, it is found that the fundamental aspect, whether a commodity glass/mirror sheets, dealt with by the assessee, were toilet requisite had been decided in the negative i.e. in favour of the assessee and against the revenue in the earlier assessment year. That decision of the Tribunal was confirmed by this Court in the year 2014. Without that decision having been reversed, there is no occasion to allow the matter to be agitated any further. Revision allowed.

Summary

Issues:
1. Tax treatment of mirror glass sheets sold by the revisionist.
2. Justification of taxing mirror glass sheets as toilet requisite or under a specific entry of a notification.

Analysis:
1. The revisionist challenged the order of the Commercial Tax Tribunal, which confirmed the re-assessment treating the mirror glass sheets traded by the revisionist as toilet requisite. The revisionist argued that the mirror glass sheets should be taxed as an unclassified item, not as a toilet requisite. The revisionist relied on a previous decision of the Court in a similar matter, where it was held that mirror glass sheets were not toilet requisites. The Court found that the mirror glass sheets, by themselves, could not be used and had to be further worked for any purpose, hence not qualifying as a toilet requisite. The Court upheld the Tribunal's decision, stating that the mirror glass sheets were an unclassified item, not a toilet requisite.

2. The revisionist also argued that a previous decision of the Court had already settled the issue regarding the tax treatment of mirror glass sheets, and the revenue authorities were bound by that decision. The Court agreed with this argument, emphasizing that the fundamental aspect of whether the mirror glass sheets were toilet requisites had already been decided in favor of the revisionist in a previous assessment year. The Court cited the principle that once a fundamental aspect has been decided and sustained without challenge, it should not be changed in subsequent years. Therefore, the Court answered the questions of law in favor of the revisionist and allowed the revision, stating that there was no need to further agitate the matter.

In conclusion, the Court ruled in favor of the revisionist, holding that the mirror glass sheets were not to be taxed as toilet requisites but as unclassified items. The Court emphasized the importance of previous decisions in settling fundamental aspects of tax treatment, preventing unnecessary re-litigation of settled matters.