2000 (8) TMI 1084 - HC - VAT and Sales Tax

Interpretation of 'Electrical Goods' Excludes Mosquito Repellants under Kerala Tax Act

ND. Narayanan Nambiar Versus State of Kerala

The court held that mosquito repellants, despite some variants operating on electrical energy, do not qualify as electrical goods under the Kerala General ... - Issues:1. Classification of mosquito repellant as an electrical item under the Kerala General Sales Tax Act, 1963.Analysis:The primary issue in this case revolves around determining whether a mosquito repellant qualifies as an electrical item under the Kerala General Sales Tax Act, 1963. The assessee contended that the mosquito repellant, which operates using electrical energy, falls under entry 67 of the First Schedule to the Act, which pertains to electrical goods. However, all authorities involved in the case concluded that the mosquito repellant does not fit the definition of electrical goods under the Act. The court emphasized that the interpretation of the term 'electrical goods' should align with its common usage and understanding, rather than solely focusing on the functionality of the item. Various precedents were cited to illustrate the criteria for classifying goods as electrical items, emphasizing intrinsic characteristics and dependency on electrical energy for operation.The court referred to past judgments to establish the criteria for categorizing goods as electrical items. For instance, in the case of Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam v. Anand Wire & Allied Industries, it was held that goods must inherently be electrical in nature and require electrical energy for operation to be classified as electrical goods. The court also cited the decision in William Jacks and Co. Ltd. v. State of Madras, where it was highlighted that preparing an exhaustive list of electrical goods is impractical, and a universal formula for classification is unattainable. Moreover, the court discussed cases involving specific items like lathe machines and welding electrodes to illustrate the nuanced approach required for determining whether an item qualifies as an electrical good.Ultimately, the court concluded that mosquito repellants, despite some variants operating on electrical energy, do not align with the common understanding of electrical goods. This conclusion was further supported by legislative action, as mosquito repellants were subsequently included under a new entry in the First Schedule, distinct from electrical goods. Therefore, the court dismissed the revision petition, upholding the decision that mosquito repellants do not fall within the classification of electrical goods under the Kerala General Sales Tax Act, 1963.