9911796707
TMI Blog1991 (8) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... he First Schedule at the relevant time and were taxable at 8 per cent single point as found by the Joint Commissioner in exercise of the suo motu powers of revision or were subject to tax at 4 per cent multipoint as claimed by the assessee is the only question requiring our consideration. 2.. The assessee had purchased single and double gas stoves from Bombay and sold them to the extent of Rs. 33 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt as made by the Deputy Commercial Tax Officer. The assessee is in appeal before us. 3.. Mr. Inbarajan, learned counsel for the assessee-appellant submitted that the Joint Commissioner had misread entry 123 of the First Schedule as gas stoves are not included in that entry and articles which are "gas stoves" cannot be treated as gas ovens which are included in entry 123 of the First Schedule. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uded in entry 123 in addition to gas ovens and pressure stoves with effect from April 1, 1987 by amending Act 17 of 1987. The amending Act is clearly declaratory in nature and for the first time it included in entry 123 of First Schedule with effect from April 1, 1987 gas stoves to be exigible to tax at single point under that entry. In Associated Agencies v. State of Tamil Nadu rep. by the Joint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he words and expressions must be construed in the manner in which they are understood in the trade. Considered thus, we are of the view that gas stoves which admittedly are the articles sold by the assessee were brought in for single point taxation at 8 per cent under entry 123 of First Schedule only with effect from April 1, 1987 and prior to that since gas stoves were conspicuous by their absenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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