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Issues: Whether cutting oil is classifiable as a lubricant under entry 15 of Schedule II, Part A of the Gujarat Sales Tax Act, 1969 or as a petroleum product under entry 34 of Schedule II, Part A of the Gujarat Sales Tax Act, 1969.
Analysis: The product was found, on the facts, to be marketed and understood in trade as a coolant used in machining, cutting and grinding operations, with any lubricating effect being only secondary and incidental. Applying the common parlance test, the relevant inquiry was the commercial identity of the as understood by dealers and consumers, and the product's primary function was decisive. Since it was commonly sold and purchased as a coolant, the mere presence of some lubricating quality did not make it a lubricant for sales tax classification.
Conclusion: The product is not classifiable under entry 15 as a lubricant and is rightly classifiable under entry 34 as a petroleum product.