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TMI Blog1998 (7) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 5. Plywood, veneer plywood and hardboards and veneers not covered by entry 180 of the First Schedule. 2.. By Notification S.R.O. No. 148/72 the Government declared exemption in respect of purchase tax payable under section 5A of the Act on the purchase of softwood by manufacturers of splints and veneers. The said notification is extracted below: In exercise of the powers conferred by the Government of Kerala, hereby make an exemption in respect of the tax payable under section 5A of the said Act on the purchase of softwood by the manufacturers of splints and veneers within the State, provided that the splints and veneers manufactured by them are liable to tax at their hands either under the said Act or under the Central Sales T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asmuch as, entry 5 of the Fifth Schedule refers to veneer plywood and not the veneer simpliciter. Entry 180 of the First Schedule refers to veneer simpliciter. From the notification, it is amply clear that only the manufacturers of splints and veneers together are entitled to exemption. The assessee, admittedly, manufactured one of the items and not both, and we are, therefore, of the considered view that the assessee is not covered under the notification. The cardinal principle of law is that entries in fiscal statute should be construed strictly. It is also trite that the words and phrases used by the Legislature should be read as such without substituting from and adding into them any foreign words. It is well-settled that every word use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e division Bench held that the assessee was engaged in the manufacture of veneers and not in the manufacture of veneer plywood, cannot be an authority for the purpose of the case at hand in which a consistent finding has been recorded by the assessing officer and the appellate authorities that the assessee was engaged in the manufacture of veneer plywood, covered by entry 5 of the Fifth Schedule. Moreover, in Southern Veneers and Wood Works Ltd. v. State of Kerala [1997] 104 STC 114 (Ker) interpretation of the notification granting exemption was not involved and for that reason also the decision in Southern Veneers and Wood Works Ltd. v. State of Kerala [1997] 104 STC 114 (Ker) cannot be pressed into service by the assessee. 5.. For these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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