2004 (4) TMI 564 - HC - VAT / Sales Tax

Badh (Baan) Ruled Not 'Yarn' Under Entry 55; Taxed as Unclassified Item, Tribunal's Interpretation Rejected

Commissioner, Sales Tax Versus Bharat Rope Store

Commissioner, Sales Tax Versus Bharat Rope Store - [2008] 11 VST 236 (All) ISSUES PRESENTED and CONSIDEREDThe core legal question considered was whether the turnover of badh (baan) sold by the assessee should be taxed at the rate of 2 percent under Entry No. 55 of Notification No. ST-2-5785/ X-10(1)-80-U.P., dated September 7, 1981, which pertains to 'yarn of all kinds,' or at a different rate. This issue involves determining if badh (baan) qualifies as 'yarn' as per the relevant legal framework and precedents.ISSUE-WISE DETAILED ANALYSISRelevant Legal Framework and PrecedentsThe legal framework centers around Entry No. 55 of the relevant notification, which imposes a 2 percent tax on 'yarn of all kinds.' The term 'yarn' is not explicitly defined in the Act, Rules, or notifications, necessitating reliance on its ordinary grammatical sense. The Court referred to the definitions from the Oxford Dictionary and Webster's New World Dictionary, which describe yarn as spun thread or fiber prepared for weaving, knitting, or rope-making. Precedents such as Commissioner of Sales Tax v. Sarin Textile Mills and M. Jafar A Majid v. Commissioner of Sales Tax were cited, which interpret 'yarn' in the context of the U.P. Sales Tax Act.Court's Interpretation and ReasoningThe Court emphasized that for a fiber to qualify as 'yarn,' it must possess two characteristics: it should be a spun strand, and it should be primarily meant for use in weaving, knitting, or rope-making. The Court analyzed the process of weaving, as described in the Encyclopaedia Britannica, to further elucidate the characteristics of yarn.Key Evidence and FindingsThe assessing authority found that badh (baan) is not included in the category of yarn as it is manufactured from a particular kind of grass and is a finished product, not generally used in weaving, knitting, or rope-making. It is primarily used in weaving cots. The Tribunal, however, concluded that badh (baan) is covered within the definition of 'yarn' and should be taxed at 2 percent.Application of Law to FactsThe Court applied the legal definition of 'yarn' to the facts, focusing on the primary use of badh (baan). The Court found that badh (baan) did not satisfy the second condition of being primarily meant for use in weaving, knitting, or rope-making, as established by the Supreme Court in the Sarin Textile Mills case.Treatment of Competing ArgumentsThe Tribunal's view that badh (baan) falls under the definition of 'yarn' was rejected by the Court. The Court considered the Tribunal's interpretation but ultimately found it inconsistent with the established legal definition and the primary use of badh (baan).ConclusionsThe Court concluded that badh (baan) is not 'yarn' as it does not meet the necessary conditions outlined in the relevant legal precedents. Consequently, it should not be taxed at 2 percent under Entry No. 55 but rather as an unclassified item.SIGNIFICANT HOLDINGSThe Court held that 'badh (baan) is not yarn as it does not satisfy the second condition of yarn as defined by the Supreme Court in the case of Sarin Textile Mills.' The core principle established is that for a product to be classified as 'yarn,' it must be primarily meant for use in weaving, knitting, or rope-making. The final determination was that badh (baan) is taxable as an unclassified item, and the Tribunal's order was set aside, restoring the assessment order.