2003 (1) TMI 681 - AT - VAT and Sales Tax

Camellia Flower Seeds Exempt from Tax: Tribunal Overturns Order

Sarim Tea Seed Garden and another Versus CTO/Siliguri Charge and others

Sarim Tea Seed Garden and another Versus CTO/Siliguri Charge and others - [2006] 146 STC 93 (WBTT) Issues Involved:1. Taxability of tea seeds under the West Bengal Sales Tax Act, 1994.2. Definition and classification of 'flower seeds' for tax exemption.3. Legality of the suo motu revisional jurisdiction exercised by the Deputy Commissioner of Commercial Taxes.Issue-wise Detailed Analysis:1. Taxability of Tea Seeds:The petitioner challenged the order dated September 12, 2001, by the Deputy Commissioner of Commercial Taxes, which revised an earlier appellate order. The appellate authority had resolved that tea seeds, being camellia flower seeds, were exempt from tax under serial No. 37 of Schedule I of the West Bengal Sales Tax Act, 1994. However, the Deputy Commissioner, exercising suo motu revisional jurisdiction, held that tea seeds were not flower seeds and did not merit exemption.2. Definition and Classification of 'Flower Seeds':The core issue was whether tea seeds could be classified as flower seeds under serial No. 37 of Schedule I of the Act, 1994. The petitioner argued that tea seeds are derived from camellia flower plants and should be considered flower seeds, thus qualifying for tax exemption. The respondents contended that tea seeds were not flower seeds and that the legislature intended to tax tea seeds before April 1, 2000, as they were not explicitly exempted.The Tribunal referenced several legal principles and precedents, emphasizing that in the absence of a statutory definition, terms should be understood in their common or commercial parlance. The Tribunal concluded that camellia seeds, which grow flowers, should be considered flower seeds and thus exempt from tax under serial No. 37 of Schedule I.3. Legality of Suo Motu Revisional Jurisdiction:The petitioner argued that the revisional authority acted illegally by changing its opinion for reassessment based on a dispute over the nature and character of the seeds. The Tribunal found that the Deputy Commissioner had erroneously concluded that tea seeds were not flower seeds, ignoring relevant facts and legal principles. The Tribunal held that the Deputy Commissioner's order was invalid as it failed to properly interpret the term 'flower seeds' in accordance with common parlance and commercial understanding.Conclusion:The Tribunal allowed the application, setting aside the order dated September 12, 2001, by the Deputy Commissioner of Commercial Taxes. It restrained the respondent from taking any steps based on the impugned order, confirming that camellia flower seeds fall under entry No. 37 of Schedule I and are exempt from tax. The application RN-446 of 2001 was also allowed without costs for the same reasons.