1996 (3) TMI 142 - SC - VAT and Sales Tax

Whether rubber flaps manufactured by the appellant can be classified under sub-entry (2) of entry 43 in the Schedule to the Uttar Pradesh Sales Tax Act, 1948? Held that - Tyres and tubes and motor vehicles have been classified separately under entry 37. That means tyres and tubes have not been included in motor vehicles. A rubber flap will be, if at all, an accessory of the tyre or the tube falling in sub-entry (2) and not of motor vehicles in sub-entry (1). The Legislature in its wisdom has classified the tyres and tubes separately in sub-entry (2) and not along with motor vehicles in sub-entry (1). A flap being an accessory of an article falling under sub-entry (2) cannot be classified as an accessory of an article falling in sub-entry (1). Appeal allowed.

Summary

Issues: Classification of rubber flaps under the Uttar Pradesh Sales Tax Act, 1948.

Detailed Analysis:

1. Issue of Classification: The main issue in this case is whether rubber flaps manufactured by the appellant can be classified under sub-entry (2) of entry 43 in the Schedule to the Uttar Pradesh Sales Tax Act, 1948. The appellant argues that rubber flaps do not fall under any specific item in the Schedule and should be taxed as unclassified items at 8 per cent. However, the assessing officer taxed the turnover of rubber flaps under sub-entry (2) of entry 43, treating them as accessories of motor vehicles.

2. Tribunal and High Court Decisions: The Tribunal noted the appellant's argument that rubber flaps were used in heavy vehicles and were treated as unclassified items. The Tribunal also distinguished a previous judgment where rubber flaps were considered "rubber products." The Allahabad High Court upheld the Tribunal's decision, stating that rubber flaps are accessories of motor vehicles due to their exclusive use in the automobile market.

3. Legislative Interpretation: The legislative intent regarding the classification of rubber flaps as accessories of motor vehicles is crucial. The Central Excise and Tariff Act does not treat flaps as accessories of motor vehicles but as part of rubber products. The entries in the Schedule to the Excise Act reflect market understanding, and if flaps are considered car accessories in the market, they should not be treated separately as rubber products.

4. Judicial Precedents: Comparisons with a Kerala High Court judgment regarding rubber flaps as accessories of spare parts of motor vehicles show the importance of precise classification. The distinction between accessories of motor vehicles and accessories of parts of vehicles is essential in determining the taxability of rubber flaps.

5. Conclusion: The Supreme Court analyzed the definitions of "accessory" and determined that rubber flaps, used to protect tyre tubes, cannot be considered accessories of motor vehicles under entry 43. The Court emphasized the separate classification of tyres and tubes in sub-entry (2) and concluded that rubber flaps are accessories of the tyre or tube, not the motor vehicle itself. The appeal was allowed, setting aside the High Court's judgment.

In summary, the Supreme Court clarified the classification of rubber flaps under the Uttar Pradesh Sales Tax Act, emphasizing their role as accessories of tyre tubes rather than motor vehicles. The decision highlights the importance of precise classification and legislative intent in tax matters.