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HC allowed the petition and set aside the impugned order of the Commissioner of Commercial Taxes which had classified the product under the residuary Entry No.1, Part IV, Schedule II. The steel-grip insulating tape manufactured by the petitioner was held to be an insulator within Entry 50, Part II, Schedule II of the M.P. VAT Act and therefore taxable under that specific entry at 5%. Consequently, classification under the general/residual entry was rejected and any attempt to recover differential tax premised on the residuary classification was disallowed. The assessment impugned was quashed and the petitioner granted relief consistent with the specific tariff entry.
HC allowed the petition and set aside the impugned order of the Commissioner of Commercial Taxes which had classified the product under the residuary Entry No.1, Part IV, Schedule II. The steel-grip insulating tape manufactured by the petitioner was held to be an insulator within Entry 50, Part II, Schedule II of the M.P. VAT Act and therefore taxable under that specific entry at 5%. Consequently, classification under the general/residual entry was rejected and any attempt to recover differential tax premised on the residuary classification was disallowed. The assessment impugned was quashed and the petitioner granted relief consistent with the specific tariff entry.
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