1999 (12) TMI 844 - HC - VAT and Sales Tax

Court reclassifies L.P.G. stove under tax schedule, applying common parlance test

Appplico Versus State of Kerala

Appplico Versus State of Kerala - [2000] 118 STC 567 (Ker) Issues:Interpretation of entry for L.P.G. stove under the Kerala General Sales Tax Act, 1963.Analysis:The case involved a dispute regarding the appropriate entry under the Kerala General Sales Tax Act, 1963 for an L.P.G. stove - whether it falls under Sl. No. 182 or Sl. No. 119 of the First Schedule to the Act. The Revenue authorities and the Tribunal held that the correct entry was Sl. No. 182, which pertains to stainless steel products. However, the assessee argued that it should be covered under Sl. No. 119, which relates to metallic products made of iron or steel in combination with other metals. The primary contention was the material composition of the L.P.G. stove.The assessing officer and the Tribunal considered the L.P.G. stove to be mainly made of stainless steel, with only the burner being made of brass. They emphasized that the predominant material in the stove was stainless steel, justifying its classification under Sl. No. 182. However, the assessee's counsel pointed out that the burner, pipe, and knob were made of cast iron, brass, or alloys, and value-wise, the burner held a higher position. The counsel argued that the stainless steel body was merely an accessory providing convenience and protection, and the common parlance test should be applied to determine the appropriate classification.The court analyzed the common parlance test, emphasizing the importance of understanding words in their ordinary meaning within the context of the trade or industry concerned. It highlighted that words in a taxing statute should be construed based on how they are understood by dealers and consumers in the trade. The judgment cited precedents stating that the functional character of a product is crucial in its identification within commercial circles. Applying these principles, the court concluded that the L.P.G. stove could not be considered a stainless steel product based on the common understanding in the trade, leading to the decision that it should be classified under Sl. No. 119 instead of Sl. No. 182.In light of the analysis, the court allowed the revision petition, thereby overturning the previous decision and determining that the L.P.G. stove should be classified under Sl. No. 119 of the First Schedule to the Kerala General Sales Tax Act, 1963.