2008 (8) TMI 768

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....leader, for the Respondent. [Judgment per : C.N. Ramachandran Nair, J.]. - The question raised in the revision case filed by the assessee is whether petroleum jelly is taxable as a petroleum product under Entry 108(vi) or a chemical under Entry 33 of the First Schedule to the KGST Act. The Tribunal upheld assessment of petroleum jelly as a petroleum product against which this revision is filed.....

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....vides for tax on petroleum products after providing different rates for HP Diesel oil, kerosene etc. provides for tax on other petroleum products "not elsewhere mentioned in this Schedule or in the Second Schedule". By virtue of this residuary entry, all petroleum products not elsewhere mentioned in the Schedule will fall under the said sub-entry of Entry 108. The petitioner has no dispute that pe....

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....is provided for petroleum jelly along with chemicals, it cannot be treated as a chemical. It is open to the Government to grant exemption or concessional rate of tax on any goods subject to such conditions which the Government deems fit. Petroleum jelly was granted concessional rate along with rubber chemicals probably because petroleum jelly is also used in rubber industry as a raw material. Howe....