Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1980 (2) TMI 229

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f Sales Tax. The following questions of law are referred to this Court for its opinion: "(1) Whether. on the facts and circumstances of the case, the turnover arising out of the sale of conduit pipes manufactured and sold by the assessee should be taxed under entry 56 or under entry 30 of Part II of Schedule II of the M.P. General Sales Tax Act, 1958? (2) Whether, on the facts and circumstance .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y No. 56 of Part II of Schedule II to the Act, and the turnover arising therefrom was assessed to tax accordingly. With regard to the turnover arising from the sale of mild steel pipes (M.S. pipes) manufactured and sold by the assessee, the contention of the assessee was that M.S. pipes should be assessed to tax under the residuary entry and not under entry No. 56 of Part II of Schedule II to the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... .S. pipes are exigible under entry No. 56 or the residuary entry of the Second Schedule to the Act. 4.. The relevant entries Nos. 30 and 56 are as follows: "30. All kinds of electrical goods, including torch, cells, 7 per cent. casing, lighting bulbs, electrical earthenware, porcelain and all other accessories but excluding articles. specified in entry 30-A of this part. 56.. All types of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... S.T.C. 227. the Madras High Court considered the scope of the entry "lubricating oils, all kinds of mineral oils (not otherwise provided for in this Act), quenching oils and greases". The High Court held that having regard to the association of words, the words "all kinds of mineral oils" in the entry bear only a limited meaning, namely, mineral oils which are lubricants. In our opinion, therefor .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates