2007 (2) TMI 605 - AT - VAT and Sales Tax

Handkerchiefs not considered textile fabrics for tax purposes under West Bengal VAT Act. Previous precedents inapplicable.

Murli and Brothers and another Versus ACST, Beliaghata Road and others

The Tribunal held that handkerchiefs do not qualify as textile fabrics under entry 37A of the West Bengal Value Added Tax Act, 2003. Consequently, ... - Issues Involved:1. Classification of handkerchiefs under the West Bengal Value Added Tax Act, 2003.2. Tax liability on the sale of handkerchiefs from April 1, 2005, to January 31, 2006.3. Applicability of specific entries in the VAT Act and their interpretation.4. Reliance on previous legal precedents and their relevance to the current case.Issue-wise Detailed Analysis:1. Classification of Handkerchiefs under the VAT Act:The petitioner sought clarification on whether handkerchiefs fall under entry 37A of Schedule A to the VAT Act, which pertains to textile fabrics made wholly or partly of cotton, rayon, flax, artificial silk, or wool manufactured or made in India. The Commissioner of Sales Tax concluded that handkerchiefs do not fall within this entry and are not considered textile fabrics. The Tribunal upheld this view, stating that handkerchiefs, though made from textile fabrics, are distinct commodities with specific uses and are not textile fabrics simpliciter.2. Tax Liability on the Sale of Handkerchiefs (April 1, 2005, to January 31, 2006):The Commissioner determined that in the absence of a specific entry for handkerchiefs in the VAT Act, the sale of handkerchiefs would attract a tax rate of 12.5% for the period from April 1, 2005, to January 31, 2006. From February 1, 2006, the applicable rate was reduced to 4% due to the inclusion of handkerchiefs in entry 10A of Part I of Schedule C. The Tribunal agreed with this determination and did not find any reason to interfere with the Commissioner's order.3. Applicability of Specific Entries in the VAT Act:The Tribunal noted that under the previous West Bengal Sales Tax Act, 1994, handkerchiefs were explicitly included in the entry for textile fabrics. However, in the VAT Act, there was no such inclusion in entry 37A. The Tribunal emphasized that the Legislature's exclusion of handkerchiefs from entry 37A and their subsequent inclusion in Schedule C indicated a conscious decision to treat them differently from textile fabrics. The Tribunal also highlighted that for taxing purposes, articles made from textile fabrics should be interpreted based on their common understanding and specific entries in the respective schedules.4. Reliance on Previous Legal Precedents:The petitioner relied on several legal precedents, including decisions from the Calcutta High Court, Allahabad High Court, and Madras High Court, to argue that handkerchiefs should be considered textile fabrics. The Tribunal, however, found these precedents inapplicable to the current case due to changes in the legal framework, specifically the introduction of the Central Excise Tariff Act, 1985, which classified handkerchiefs separately from textile fabrics. The Tribunal also noted that the inclusive clause in the 1994 Act, which specifically included handkerchiefs within textile fabrics, was not present in the VAT Act.Conclusion:The Tribunal concluded that handkerchiefs do not fall within the purview of entry 37A of the VAT Act and do not enjoy exemption from tax as per that entry. The petition was disposed of accordingly, with liberty given to the petitioner to approach the Government for appropriate consideration regarding the tax liability for the specified period. No order as to costs was made.