1998 (7) TMI 664

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....ifth Schedule are as follows: "180. Splints and veneers for matches." "5. Plywood, veneer plywood and hardboards and veneers not covered by entry 180 of the First Schedule." 2.. By Notification S.R.O. No. 148/72 the Government declared exemption in respect of purchase tax payable under section 5A of the Act on the purchase of softwood by manufacturers of splints and veneers. The said notification is extracted below: "In exercise of the powers conferred by the Government of Kerala, hereby make an exemption in respect of the tax payable under section 5A of the said Act on the purchase of softwood by the manufacturers of splints and veneers within the State, provided that the splints and veneers manufactured by them are liable to tax at th....

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.... are the same commodity. This submission cannot be accepted, inasmuch as, entry 5 of the Fifth Schedule refers to veneer plywood and not the veneer simpliciter. Entry 180 of the First Schedule refers to veneer simpliciter. From the notification, it is amply clear that only the manufacturers of splints and veneers together are entitled to exemption. The assessee, admittedly, manufactured one of the items and not both, and we are, therefore, of the considered view that the assessee is not covered under the notification. The cardinal principle of law is that entries in fiscal statute should be construed strictly. It is also trite that the words and phrases used by the Legislature should be read as such without substituting from and adding into....