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Deputy Commissioner of Commercial Taxes, Tiruchirapalli Division Vs. Hindustan Fabrics - Court Judgment

LegalCrystal Citation
SubjectSales Tax
CourtChennai High Court
Decided On
Case NumberTax Case No. 434 of 1971 (Revision No. 302 of 1971)
Judge
Reported in[1977]40STC165(Mad)
AppellantDeputy Commissioner of Commercial Taxes, Tiruchirapalli Division
RespondentHindustan Fabrics
Appellant AdvocateK.S. Bakthavathsalam, Additional Government Pleader
Respondent AdvocateC. Natarajan, Adv.
DispositionPetition allowed
Cases ReferredState of Madras v. T. T. Gopalier
Excerpt:
- .....tax. the turnover in dispute is a sum of rs. 18,233.13. the respondent-dealer had manufactured banners, hangers, flags, etc., out of textiles. its claim before the appellate assistant commissioner of commercial taxes and the tribunal was that these banners, hangers and flags made out of textiles, themselves constitute textiles and fall within entry 4 of the third schedule to the tamil nadu general sales tax act, 1959 and the tribunal accepted this contention and held that the turnover referred to above was exempt from sales tax. this conclusion is challenged in this revision.2. entry 4 of the third schedule to the tamil nadu general sales tax act, 1959, read as follows, as it was on the relevant date:all varieties of textiles (other than durries, carpets, druggets and pure silk.....
Judgment:

Ismail, J.

1. This tax revision case raises a very narrow question with reference to the assessment to sales tax. The turnover in dispute is a sum of Rs. 18,233.13. The respondent-dealer had manufactured banners, hangers, flags, etc., out of textiles. Its claim before the Appellate Assistant Commissioner of Commercial Taxes and the Tribunal was that these banners, hangers and flags made out of textiles, themselves constitute textiles and fall within entry 4 of the Third Schedule to the Tamil Nadu General Sales Tax Act, 1959 and the Tribunal accepted this contention and held that the turnover referred to above was exempt from sales tax. This conclusion is challenged in this revision.

2. Entry 4 of the Third Schedule to the Tamil Nadu General Sales Tax Act, 1959, read as follows, as it was on the relevant date:

All varieties of textiles (other than durries, carpets, druggets and pure silk cloth) made wholly or partly of cotton, staple fibre, rayon, artificial silk or wool including handkerchiefs, towels, napkins, dusters, cotton velvets and velveteen, tapes, niwars and laces and hosiery cloth in lengths.

3. The question for consideration is whether the banners, hangers and flags involved in this case can be said to be textiles within the scope of this entry.

4. The learned counsel for the respondent drew our attention to a few decisions of this court and in particular, to the decision in Government of Madras v. Madurai Braided Cord and Tape Producers Co-operative Industrial Society [1968] 22 S.T.C. 470, where it has been held that braided cords are textiles within the meaning of this entry and in State of Madras v. T. T. Gopalier [1968] 21 S.T.C. 451, where it has been held that the term 'textiles' should be interpreted broadly in the sense of products obtained by weaving and so interpreted 'braided cords' and contended that the assessee-respondent would be entitled to the exemption provided for under that entry. We are of the view that neither of these decisions is of any assistance to the case of the assessee in the present case.

5. The entry referred to above is both exclusive and inclusive. In view of this feature, it must be held that the entry is exhaustive. It is said to include tapes, niwars and laces and, therefore, it is quite possible that this court when it rendered the decision in the two cases referred to above was guided by the use of these expressions in the entry. As far as the present case is concerned, banners, hangers and flags are commercially different entities known and recognised as such and, therefore, we are of the opinion that the same cannot fall within the scope of entry 4 of Schedule III. Consequently, we allow this revision case, set aside the order of the Sales Tax Appellate Tribunal and restore the order of the Appellate Assistant Commissioner, bringing the said turnover to tax. There will be no order as to costs.


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