2008 (6) TMI 557

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....roduced in O.T.A. No. 1/2006, clarified that "white oats" falls under the residual entry taxable at 12.5 per cent. While the petitioner is challenging the clarification in the O.T.A, in the connected two cases, challenge is against assessments at the higher rate of tax at 12.5 per cent. We have heard learned counsel appearing for the assessee and learned Government Pleader appearing for the respondent. The first question to be considered is whether "white oats" sold by the assessee under the name "Shantis " is exempted from tax under original entry 9 renumbered as 12 of the First Schedule to the Act and if not, the appropriate rate applicable to the product under the other Schedules to the Act. Learned counsel appearing for the assess....

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....uct is not "coarse grain" but a refined product made out of coarse grain "oats". Moreover, items 1 to 9 arrayed under entry 12 of the First Schedule are not any product of the grain named therein, but are grains of various types in the pure and simple form. We, therefore, reject assessee's claim that the product is exempted from tax under item 12(3) of the First Schedule to the Act. The next question to be considered is whether the item falls under any entry of any of the other Schedules to the Act to justify the clarification and assessment under the residual entry at 12.5 per cent. Learned counsel for the assessee has referred to items contained in entries 48 and 49 of the Third Schedule to the Act, which provide for levy of tax on....