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Issues: Whether batteries supplied for use in Radio Communication Receivers were taxable at the rate applicable to parts/accessories of the receivers under Schedule IV (Part-A) of the Rajasthan Value Added Tax Act, 2003, or at the residuary rate.
Analysis: The batteries were shown by certificates issued by the purchasing Army authority to be an accessory and integral part of the Radio Communication Receiver, and that the receiver was incomplete and non-functional without them. Where a commodity falls within a specific entry, the residuary entry cannot be invoked. On the facts, the batteries were not independent goods for general sale in the relevant use, but parts used only with the specified receiver, bringing them within the entry covering parts of items listed in Schedule IV (Part-A).
Conclusion: The batteries were covered by the specific taxable entry at 4% and not by the residuary entry at 12.5%; the assessee succeeded and the Tax Board's order was reversed.