1963 (7) TMI 67 - HC - VAT and Sales Tax

Court rules tooth-powder not a 'toilet requisite' under tax law, must be taxed at lower rate.

The court ruled in favor of the petitioner, holding that tooth-powder does not qualify as a 'toilet requisite' under item 51 of the First Schedule to Act ... - Issues:Interpretation of the term 'toilet requisite' under item 51 of the First Schedule to Act I of 1959.Analysis:The case involved a dispute regarding the classification of tooth-powder for sales tax purposes under item 51 of the First Schedule to Act I of 1959. The petitioner, a manufacturer and dealer in tooth-powder, contested the tax rate applied by the authorities. The Deputy Commercial Tax Officer determined the taxable turnover and levied a six percent tax on tooth-powder, considering it falling under item 51. The petitioner appealed to the Appellate Assistant Commissioner, who reduced the tax rate to two percent for rintan but upheld the classification of tooth-powder under item 51. Subsequently, the Sales Tax Appellate Tribunal dismissed the appeal, affirming that tooth-powder falls within the description of the articles specified in item 51.The main issue before the court was whether tooth-powder could be considered a 'toilet requisite' and thus be classified under item 51 of the First Schedule. The court analyzed the definition and purpose of dentifrices, emphasizing their primary function as a cleansing agent for teeth rather than a cosmetic product. Various sources were cited to establish that tooth-powder is primarily used for cleaning teeth and maintaining oral hygiene, not for beautification purposes. The court applied the principle of ejusdem generis to determine whether tooth-powder falls within the category of goods specified in item 51.In a previous case, the court had elaborated on the principle of ejusdem generis while considering the classification of 'hairpins' as toilet requisites. Drawing on this precedent, the court concluded that tooth-powder does not belong to the same category as the items listed in item 51. The court distinguished tooth-powder from cosmetics or beautifying products, asserting that its purpose is essential for daily hygiene and dental care. By analyzing relevant case law and the nature of tooth-powder, the court held that tooth-powder should not be included in the goods enumerated in item 51 of the First Schedule.Ultimately, the court allowed the revision petition, overturning the Tribunal's decision and ruling in favor of the petitioner. The court held that tooth-powder does not qualify as a 'toilet requisite' under item 51 and should not be taxed at the higher rate of six percent. The judgment provided a detailed analysis of the nature and usage of tooth-powder to support its decision, emphasizing the distinction between cosmetic products and essential dental care items.