Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2019

Supreme Court of India · 2019-01-08

THE ADDITIONAL COMMISSIONER (LEGAL) COMMERCIAL TAXES RAJASTHAN vs M/S LOHIYA AGENCIES

Citation / case number
SC 2017/42160
Court
Supreme Court of India
Petitioner
THE ADDITIONAL COMMISSIONER (LEGAL) COMMERCIAL TAXES RAJASTHAN
Respondent
M/S LOHIYA AGENCIES
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court examined the classification of 'Gypsum Board' under the Rajasthan Value Added Tax Act, 2003 (RVAT). It held that 'Gypsum Board' does not fall under Entry 56 of Schedule IV, which attracts a 4% tax, but rather under the residual Entry V of Schedule 5, subject to a 12.5% tax. The Court emphasized that the distinct commercial identity of 'Gypsum Board' due to its manufacturing process and additives justifies its classification as a separate product, thus affirming the lower court's decision.

THE ADDITIONAL COMMISSIONER (LEGAL) COMMERCIAL TAXES RAJASTHAN vs M/S LOHIYA AGENCIES · Niyam