2004 (5) TMI 560 - HC - VAT and Sales Tax

High Court sets aside Tribunal order, ruling rickshaws not tricycles. Dealer's violation of Sales Tax Act noted.

The High Court allowed the revision, setting aside the Tribunal's order, as it found rickshaws are not commonly understood as tricycles, and the dealer's ... - Issues:Interpretation of notification under section 4B of the U.P. Sales Tax Act, 1948 regarding manufacturing and selling of rickshaw tubes, violation of section 4B, common parlance meaning of 'tricycle' and 'rickshaw,' relevance of dictionary meaning in interpreting tax statutes, comparison with previous legal precedents, differentiation between cycle and cycle rickshaw tyres and tubes.Interpretation of Notification under Section 4B:The case involves a revision by the Commissioner of Sales Tax against a penalty proceeding under section 4B of the U.P. Sales Tax Act, 1948. The issue arises from the dealer's manufacturing and selling of super heavy duty rickshaw tubes, which were not authorized under section 4B. The dealer argued that a notification included 'tricycles' which encompassed 'rickshaws.' The assessing authority found a violation, but the Tribunal set aside the penalty order.Common Parlance Meaning of 'Tricycle' and 'Rickshaw':The main question involves whether a 'tricycle' is different from a 'rickshaw.' The Tribunal referred to dictionary meanings and concluded that a rickshaw is a tricycle. However, the High Court emphasized interpreting tax entries based on common parlance understanding, especially in commercial circles, citing legal precedents like the Supreme Court's decision in Ramavatar Budhai Prasad v. Assistant Sales Tax Officer.Relevance of Dictionary Meaning and Legal Precedents:The judgment highlights the Supreme Court's stance on interpreting tax entries based on common parlance rather than dictionary definitions. Legal precedents such as Commissioner of Sales Tax, Madhya Pradesh v. Jaswant Singh Charan Singh and State of Punjab v. Chandu Lal Kishori Lal are cited to support the importance of common understanding in commercial contexts.Differentiation Between Cycle and Cycle Rickshaw Tyres and Tubes:The court differentiated between cycle and cycle rickshaw tyres and tubes, emphasizing that rickshaw tubes are thicker and more durable due to the weight they bear. The assessing authority found the dealer had manufactured super heavy tubes, not permissible under section 4B. The judgment in Shanker Rubber Industries v. State of A.P. was referenced to highlight the fundamental differences between cycles and cycle rickshaws.Conclusion:Ultimately, the High Court allowed the revision, setting aside the Tribunal's order, as it found rickshaws are not commonly understood as tricycles, and the dealer's manufacturing of super heavy rickshaw tubes violated section 4B. The judgment underscores the importance of interpreting tax entries based on common understanding in commercial contexts, rather than relying solely on dictionary definitions or technical distinctions.