Sir, One of my client is selling MUG in Maharashtra.
In Schedule-C MUG is not specifically mentioned but under entry-46 'cups and glasses of plastic and paper' is mentioned.
Whether CUP include MUG and will be taxable at the rate of 5 percent of MUG will go in SCH-E at the rate of 12.50 percent .
Is there any case law describing this issue.
Please reply and solve the issue.
Rajiv Agrawal
9322122687
Goods classification of mugs under schedule entries determines whether they attract a lower VAT rate or a higher schedule rate. Whether MUGs fall within the Schedule-C description 'cups and glasses of plastic and paper' and thus attract the lower Schedule-C VAT rate, or whether they are excluded and taxable under Schedule-E at a higher rate, given the absence of an explicit reference to mugs and potential ambiguity in whether 'cups' includes mugs; the inquiry seeks clarifying precedent on classification and the effect of material description. (AI Summary)