Permali Wallace Ltd. Vs. Collector of Central Excise, Indore - Court Judgment |
| Excise |
| Supreme Court of India |
| Oct-08-1996 |
| S.P. Bharucha and; S.C. Sen, JJ. |
| 1996(88)ELT306(SC); (1997)10SCC397 |
| Permali Wallace Ltd. |
| Collector of Central Excise, Indore |
- karnataka sales tax act, 1957[k.a. no. 25/1957]. liability to pay sales tax ;[s.h. kapadia & b. sudershan reddy, jj] sale of pledged ornaments by banks - held, it is in the course of banking business under the provisions of banking regulation act, 1949. hence, such transactions are taxable under section 2(viii)(g) read with section 5 of kerala general sales tax act, 1963.dealer; (kerala general sales tax act, 1963); definition sale of pledged goods by bank held, it is in the course of banking business. bank is a dealer under section 2(viii)(g) of the act read with section 5 of the banking regulation act, 1949. -- sale of goods act, 1930 [c.a. no.3/1930]. section 4: definition of sale held, definition of sale under kerala general sales taxt act, 1963 is wider than sale under sales of goods act, 1930. order1. the appellants make wood-based compare board. prior to 28-2-1982 the said board was exigible to excise duty and classified under the residuary entry 68. with effect from 28-2-1982, entry 16b was amended and the said board fell under the amended entry. for removals subsequent to 28-2-1982, the said board was charged duty on the basis that it was classifiable under entry 16b. it is the case of the appellants that since the said board had been made prior to the amendment of entry 16b, it ought to have been classified under entry 68.2. admittedly, the said board was exigible to excise duty. for the purpose of determining the rate of excise duty thereon what was relevant was the date of the removal of the said board from the appellants' factory. as on those dates the said board fell under the amended entry 16b. the tribunal's conclusion, therefore, must be affirmed.the appeal is dismissed with no order as to costs.
ORDER
1. The appellants make wood-based compare board. Prior to 28-2-1982 the said board was exigible to excise duty and classified under the residuary Entry 68. With effect from 28-2-1982, Entry 16B was amended and the said board fell under the amended entry. For removals subsequent to 28-2-1982, the said board was charged duty on the basis that it was classifiable under Entry 16B. It is the case of the appellants that since the said board had been made prior to the amendment of Entry 16B, it ought to have been classified under Entry 68.
2. Admittedly, the said board was exigible to excise duty. For the purpose of determining the rate of excise duty thereon what was relevant was the date of the removal of the said board from the appellants' factory. As on those dates the said board fell under the amended Entry 16B. The Tribunal's conclusion, therefore, must be affirmed.
The appeal is dismissed with no order as to costs.