9911796707
TMI Blog1973 (6) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... of arguments was advanced before us, we propose to answer the question by this common judgment for both the references. 2.. In exercise of powers vested in the State Government under section 5(1) of the Act, the notification dated 30th December, 1957, has-been made fixing the rate of tax payable by a dealer on account of sale of goods specified in column (2) of the schedule attached to the said notification. Serial Nos. 1, 3-F and 32 of that schedule are material for the purposes of these references. Those entries are as follows: "Sl. No. Description of goods Rate of tax 1. 1. Bullion and specie, ornaments and other articles made thereof Two per cent. 2. 3-F. Ornaments of personal wear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and specie containing filigree works the rate of tax applicable would be as provided under serial No. 1 or serial No. 32 of the schedule of the notification referred to above. The assessee claims to be assessed at 2 per cent. The revenue contends that the liability of tax is at 7 per cent. The assessing officer and the first appellate authority have, to the estimated break-up of the turnover applied the rate prescribed under serial No. 32. In second appeal, the Tribunal came to hold"........it would appear that ordinary ornaments of everyday use are exigible to low rate of tax of 2 per cent whereas ornamental metal-wares such as plates, cups, glasses, betel-diba, caskets, which are luxury goods are taxable at 7 per cent and still more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... until 1970. Therefore, so far as these two years of assessment are concerned, while serial No. 3-F was actually non-existent by repeal, reference to it continued in serial No. 32. 5.. The Tribunal has been of the view that serial No. 1 emphasizes on ornaments while serial No. 32 emphasizes on ornamental metal-ware. We are not in a position to agree with the Tribunal on a bare reading of the language used in serial No. 1. It refers to ornaments as also other articles made of bullion and specie. Therefore, it cannot be said that the distinctive aspect is the reference to ornaments in serial No. 1 and ornamental metal-ware in serial No. 32. Serial No. 3-F though deleted with effect from 1st April, 1966, continued in serial No. 32 until 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal-ware and is with enamelled or carved designs or gold and silver filigree works, serial No. 32 applies. Basically the article must be ornamental metal-ware. For making serial No. 1 applicable basically the goods must be ornament or other article made of bullion and specie not covered by serial No. 32. Again, if the goods in question is covered by serial No. 3-F, it has to be kept out of the purview of serial No. 32. At the relevant time with which we are concerned, the rate of tax for serial Nos. 1 and 3-F was 2 per cent. If the goods sold were not covered by either of the two serials, the rate under serial No. 32 would be applicable. The investigation carried on at the stage of assessment as also in the hands of the first appellate auth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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