1991 (1) TMI 433 - HC - VAT and Sales Tax

Coal ash deemed part of coal, not subject to separate taxation under Sales Tax Acts

Arif Transport Versus Commercial Tax Officer and Another (and other cases)

The court held that coal ash should be considered a variety of coal and not taxed separately under the Karnataka Sales Tax Act and Central Sales Tax Act. ... - Issues:Interpretation of tax levies on sale of coal ash under Karnataka Sales Tax Act and Central Sales Tax Act.Analysis:The petitioner, a registered dealer under the Karnataka Sales Tax Act and Central Sales Tax Act, was notified to pay sales tax on coal ash purchases. The petitioner argued that coal ash is a declared good under the Acts and should not be taxed separately. The respondents contended that coal ash is distinct from coal and justified the tax demands. The Commissioner of Commercial Taxes expressed an opinion favoring the respondents.The court referred to various legal precedents emphasizing that taxing statutes should be interpreted based on common parlance understanding. Rulings in cases involving textile fabrics, wire rods, and subsidiary products were cited to support the interpretation of goods for taxation purposes. The court noted that the end use of a commodity is not a conclusive test for classification.Different High Court decisions were cited regarding the classification of coal ash, with some considering it as coal and others as a by-product. The court analyzed the language of the statutes and previous Supreme Court decisions to conclude that coal ash should be considered a variety of coal, despite its lower fuel potency. The court held that the exclusion of charcoal but not coal ash in the statutes indicated that coal ash should be taxed as coal.Ultimately, the court allowed the writ petitions, setting aside the tax demands on coal ash. The judgment was made without any costs, and the rule was made absolute in all petitions.