2017 (9) TMI 125 - HC - VAT and Sales Tax

High Court rules products as dietary supplements, not eatables, for tax purposes

Asstt Commissioner Spl Circle-IV, Jaipur Versus M/s Cedilla Pharmaceuticals Ltd. And Asstt Commissioner, Commercial Tax, Circle-I, Rajasthan, Jaipur Versus M/s Cadbury India Ltd.

The High Court ruled in favor of the assessees, determining that the disputed products like 'Coco, Drinking Chocolate, Bournvita,' and 'Mileage Drinking ... Classification of goods - Mileage Drinking Powder - Whether in the facts and circumstances of the case of Rajasthan Tax Board was justified in law in classifying “Mileage Drinking Powder” at general rate and not the rate of tax for the specific entry in which it falls? - Held that: - the products as they stand, namely “Coco, Drinking Chocolate and Bournvita” or “Mileage Drinking Powder” cannot be straight away eaten or used directly but have to be mixed with milk or other drink. Eatable in normal parlance or common parlance is an item which can directly be taken through mouth - these products are not substitute for food though these products can be taken every day like adding flavour to the milk or otherwise but these are not taken as a food but only as nutritive supplant/element. By eating these products, hunger of a person does not come to an end and, therefore, to say that it is an eatable product, as claimed by the Revenue, is not well reasoned. These products as they stand, cannot be taken alone, but mostly mixed with milk or other drinks. By adding these products to milk, the taste of milk which normally the children do not like, enhances the taste and deliciousness of the milk and merely because these products supplies some nourishment or sustenance, it cannot be said to be an eatable product. It is true that these products are not used by common people and by & large taken by people other than common people - the claim of assessees that the above products do not fall in entry 184/186, is well reasoned - appeal dismissed - decided against Revenue. Issues involved:1. Classification of products under specific tax entries for assessment years 2000-01 to 2004-05.2. Interpretation of notifications by Tax Board and Appellate Authority.3. Justification of tax rates applied to specific products.4. Applicability of entry 184/186 for taxation purposes.5. Consideration of products as eatables or dietary supplements.Detailed Analysis:1. The High Court addressed the issue of classifying products under specific tax entries for assessment years 2000-01 to 2004-05. The controversy revolved around products like 'Coco, Drinking Chocolate, Bournvita' and 'Mileage Drinking Powder' and the applicable tax rates. The Revenue challenged the classification by the Tax Board and Appellate Authority, arguing that the products fell under entry 184/186 attracting a 16% tax rate. The assessees contended that the products were dietary supplements, not falling under the specified entries, and were prescribed for specific purposes like pregnancy and malnutrition.2. The judgment highlighted the interpretation of notifications by the Tax Board and Appellate Authority. The Revenue argued that the products were consumable items and should be taxed at the higher rate specified in entry 184/186. However, the assessees maintained that the products were not directly consumable but needed to be mixed with other substances, making them dietary supplements rather than eatables or potable liquids. The court analyzed the historical classification of similar products and the settled legal principles in determining the correct tax treatment.3. The Court delved into the justification of tax rates applied to specific products. The Revenue contended that the nature of the products should dictate the tax rate, irrespective of their specific usage or prescription. On the other hand, the assessees argued that the historical treatment of similar products and the practical usage of the items should guide the tax classification. The court examined the arguments presented by both parties to determine the appropriate tax treatment for the disputed products.4. The issue of the applicability of entry 184/186 for taxation purposes was a focal point of the judgment. The court scrutinized the language of the entries and the historical context of similar classifications to decide whether the disputed products fell within the scope of these entries. The assessees relied on past judgments and legal precedents to support their position that the products should not be taxed at the higher rate specified in entry 184/186.5. Lastly, the Court considered whether the products in question should be regarded as eatables or dietary supplements. The assessees argued that the products were not consumed directly as food but were additives or supplements meant to enhance the taste or nutritional value of other substances. The court analyzed the characteristics of the products and their usage patterns to determine whether they qualified as eatables under the relevant tax entries.In conclusion, the High Court ruled in favor of the assessees, holding that the disputed products did not fall under entry 184/186 and should not be taxed at the higher rate. The judgment emphasized the historical classification of similar products, the practical usage of the items, and the distinction between eatables and dietary supplements in determining the correct tax treatment.