2014 (7) TMI 1089

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....ances of the case and on true and correct interpretation of Schedule Entry C-II (63) appended to Bombay Sales Tax Act, 1959, the Tribunal was justified in holding that the product "Cement Bonded Board" sold by the respondent fits in to the description similar board of other ligneous material covered by the said schedule entry or it falls in the residual entry as urged before us namely entry 152. 2. The Tribunal was considering the above aspect of the matter at the instance of the respondent. The respondent holds the certificate of registration under the Bombay Sales Tax Act, 1959 and the Central Sales Tax Act, 1956. The respondent undertakes the activity of distributing Bision Panel (Particle Board) and (Laminated Board). In respect of L....

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....ought to be rectified by filing Rectification Applications. Those were also rejected. 5. The revenue thereafter filed a Reference Application under section 61 of the Bombay Sales Tax Act, 1959 for referring the above question of law to this Court. Even that application has been rejected. 6. The Tribunal has referred to the entry in question which reads as under:- Serial No. Description of goods Conditions and exemptions, subject to which exemption is granted Period 63 Timber (other than firewood), Bamboo (whether whole of split, plywood, hardboard, particle board and similar board of wood or other ligneous material (except when sold in a laminated form). 13.00% 1-5-1998 to date (1) Rate reduced to 8% on Timb....