2016 (7) TMI 1195 - HC - VAT and Sales Tax

Court affirms electronic copier machine classification under tax law, sets aside Deputy Commissioner's decision.

The High Court upheld the Tribunal's decision to classify 'Fully Computer controlled electronic plain paper copier machines' under Part (D) of Entry 97 of ... Classification of Fully Computer controlled electronic plain paper copier machine - Gujarat sales tax - Held that:- the electronic goods which do not fall under Part (A), (B) or (C) of Entry 97 would fall under Part (D) of Entry 97. Not only that the Deputy Commissioner has also held that component parts and spare-parts of the machine in question are covered by Entry 97 (D), therefore, the Tribunal has not committed any error while holding that sale of “Fully Computer controlled electronic plain paper copier machine” would be sale of electronic goods covered by entry 97D of Schedule IIA of the Act. Issues:Interpretation of entry 95 and entry 97 of Schedule II-A of the Gujarat Sales Tax Act, 1969.Detailed Analysis:The case involved a dispute regarding the classification of 'Fully Computer controlled electronic plain paper copier machines' for tax purposes under the Gujarat Sales Tax Act, 1969. The Deputy Commissioner initially classified the machines under Entry 95 of Schedule II-A, while the Gujarat Sales Tax Tribunal reclassified them under entry 97 (D) of the same schedule. The key issue was whether the copier machines fell under the specific entry for electronic goods, i.e., entry 97 (D), or under a general entry like entry 95. The Tribunal considered various legal precedents and the provisions of the Act before making its decision.The Tribunal referred to relevant case laws and analyzed the provisions of the Act, specifically focusing on Entries 95 and 97 of Schedule II-A. Entry 95 covered duplicating machines, plain paper copiers, and similar apparatus, while Entry 97 encompassed electronic goods, with Part (D) covering all other electronic goods not falling under specific sub-parts. The Tribunal noted that since the copier machines did not fall under the specific sub-parts of Entry 97, they would logically fall under Part (D) of Entry 97. Additionally, the Deputy Commissioner had already classified component parts of the machines under Entry 97 (D), further supporting the Tribunal's decision.After thorough consideration of the arguments presented by the State and a review of the Deputy Commissioner's and Tribunal's orders, the High Court upheld the Tribunal's decision. The Court agreed with the Tribunal's interpretation that the copier machines should be classified under Part (D) of Entry 97 of Schedule II-A, which pertained to electronic goods. Consequently, the Court ruled in favor of the assessee, affirming that the Tribunal was justified in its decision to classify the product under entry 97 (D) and not under entry 95 of the Act. The Court dismissed the reference, thereby upholding the Tribunal's order and setting aside the Deputy Commissioner's decision.In conclusion, the judgment clarified the correct classification of the electronic copier machines under the Gujarat Sales Tax Act, emphasizing the importance of accurately interpreting the relevant entries in Schedule II-A. The decision provided clarity on the tax treatment of such goods and highlighted the significance of consistent application of tax laws based on specific provisions and legal precedents.