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TMI Blog2011 (3) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... and Jaswant Singh, JJ. REPRESENTED BY : Shri Jaswinder Singh, DAG, Punjab, for the Appellant. Shri M.P. Devnath, Advocate, for the Respondent. [Order per : Adarsh Kumar Goel, J.]. - Notice of motion. Mr. M.P. Devnath, Advocate accepts notice for the respondent. We have heard learned counsel and proceed to dispose of the appeal. 2. This appeal has been preferred by the revenue under Section 68(2) of the Punjab Value Added Tax Act, 2005 (for short, "the Act") against the order dated 16-5-2010, Annexure P-3, of the Punjab VAT Tribunal claiming following substantial questions of law :- (a) Whether piston rings manufactured from iron by using carbon, silicon, chemicals and other material with specific quality, precision and dimensio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er head iron and steel. Discs, rings, forgings and steel casting have been specified to be the items under the head iron and steel as declared goods. Whether such items are used by the purchaser as automobiles parts or any purpose is not material. The material is as to whether concerned item manufactured by the appellant, 90 to 92% iron is used and the other material used are chemical etc. just 8 to 10%. Even if this item is used as automobiles parts by the automobiles industry or as automobiles components, still the fact remains that the item piston rings manufactured by the appellant shall be the item made out of iron and steel and shall be covered in entry (viii) of section 14(iv) of the Central Sales Tax Act, 1956 especially when the wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er :- "14 : Certain goods to be of special importance in inter-State trade or commerce It is hereby declared that the following goods are or special importance in inter-State trade or commerce : xx xx xx xx xx (iv) iron and steel, that is to say.- xx xx xx xx xx (viii) discs, rings, forgings and steel castings;" Schedule F is of residue items not specified elsewhere taxable @ 12.5%. 8. It is well settled that normal test to be applied for classifying a fiscal entry is a common parlance test and if the entry is covered by specified entry, the residue entry cannot be invoked. Rings are specifically mentioned in Section 14 of the CST Act and mere fact that the same are used as automobile parts, is not enough to exclude the same fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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