1981 (2) TMI 218 - HC - VAT and Sales Tax

Gas stove stands ruled as accessories under Bombay Sales Tax Act, costs awarded.

Commissioner of Sales Tax, Maharashtra State, Bombay Versus LD. Bhave and Sons

The High Court determined that stands for gas stoves are accessories covered by entry 7A of Schedule E to the Bombay Sales Tax Act. Despite not directly ... - Issues:Interpretation of whether stands for gas stoves are accessories under entry 7A of Schedule E to the Bombay Sales Tax Act, 1959.Analysis:The respondents, dealers in Burshane gas, were initially assessed for sales tax based on entry 22 of Schedule E for rubber tubes, rings, and stands. However, they were later reassessed under entry 7A for these items, leading to appeals and the Tribunal's involvement. The Tribunal determined that rings were accessories but stands were not, falling under the residuary entry 22. The High Court was asked to decide if stands for gas stoves are accessories under entry 7A. Entry 7A includes stoves, lamps, and accessories. The key issue was whether the stands sold by the respondents are considered gas stove accessories. The respondents argued that stands do not contribute to stove performance, supported by the Tribunal's reasoning.The term 'accessories' was scrutinized, with the respondents' counsel limiting it to items enhancing main item performance. However, legal definitions from dictionaries and a Supreme Court case emphasized that accessories can be additional items for convenience, not just performance enhancement. The Supreme Court case highlighted that accessories need not be limited to aiding specific machines. In this case, the stands were designed for gas stoves, aiding in stove cleaning and sold by gas stove dealers. Despite not directly improving stove performance, they were deemed necessary for stove use and, therefore, qualified as accessories under entry 7A.The High Court ruled in favor of the department, determining that the stands for gas stoves are indeed accessories covered by entry 7A of Schedule E. The respondents were instructed to pay costs for both references. The decision clarified that stands, despite not enhancing performance, were essential for gas stove use and, therefore, fell under the category of accessories as per the legal interpretation provided.This comprehensive analysis delves into the legal intricacies of the case, focusing on the interpretation of the term 'accessories' and its application to the stands in question. The judgment provides clarity on the classification of these stands under the relevant entry of the sales tax act, emphasizing their role as essential items for gas stove use, even if not directly contributing to stove performance.