TaxTMI 
TaxTMI 
2011 (7) TMI 1030
X X X X Extracts X X X X
X X X X Extracts X X X X
....ment Pleader for the respondents. The appellant is an industrial unit engaged in the manufacture and sale of fan hooks made of stainless steel rods. The stainless steel rods purchased are cut and made into U shape fan hooks for fixing in the sealing as hooks for attaching fans. The appellant started remitting tax under four per cent treating the item as falling under entry 43, sub-entries (21) and (22) of the Third Schedule to the Kerala Value Added Tax Act. However, the assessing officer relying on circular issued by the Commissioner on July 28, 2006, assessed item at 12.5 per cent treating the same as hooks and eyes. When the assessment was questioned in writ petition and later in writ appeal, this court vide judgment in W.A. No. 2562 of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., it is a settled position that even if an item is not specifically covered under the notification issued under section 6(1)(d) all such items will also attract tax at 12.5 per cent by virtue of the residual entry contained in Notification SRO No. 82/2006 already issued by the State. Therefore, the only question is to be considered is whether the appellant's product, namely, fan hooks made of stainless steel rods, fall under any of the specific entries of the Third Schedule as claimed by the appellant. The counsel for the appellant relied on subentries (21) and (22) of entry 43 of the Third Schedule to the Act and contended that the item is shaped as iron rod falling under entry 22. In order to consider this contention, we extract hereu....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... use for specific purposes then such items will be outside the entry. In other words, the items covered by the above entries are bars and rods, angles and shapes and sections of stainless steel obtained through hot-rolling hot-drawing or extrusion process and which are not further worked. The product covered by sub-entry (22), that is, hot-rolled stainless steel rod is the raw material from which the appellant manufactures the fan hooks by cutting and shaping the same and so much so, the appellant's product is not covered by sub-entry (22) of entry 43. We, therefore, uphold the impugned clarification declaring the rate of tax on the stainless steel fan hooks as 12.5 per cent under section 6(l)(d) of the Act. However, the learned Governm....