Just a moment...
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether plastic straps, plastic packing strips and plastic rope were liable to be classified as "plastic articles" under entry 113 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957, or as "general goods" under section 5(1) of the Act.
Analysis: The entry "plastic sheets and articles" was held wide enough to cover goods which are in substance plastic articles, and the fact that a product has a packing utility does not by itself take it out of the entry. The functional test is relevant in classification, but it cannot be applied mechanically to exclude every article made of plastic from the specific entry, especially where no separate entry exists for packing straps or strips. In construing sales tax entries, the Court relied on common parlance and commercial understanding, and on the principle that classification should not be driven to the residuary or general category merely because an article has a use or function.
Conclusion: Plastic straps, plastic packing strips and plastic rope were held to fall within entry 113 as plastic articles and not under the general goods entry; the revisions were rejected.