Research › Browse › Judgment

Karnataka High Court · body

1975 DIGILAW 28 (KAR)

MANDGI BROS v. STATE OF KARNATAKA

1975-02-18

GOVINDA BHAT, SRINIVASA IYENGAR

body1975
GOVINDA BHAT, CJ. ( 1 ) THIS revision petition under S. 23 (l) of the Karnataka Sales Tax Act, 1957 (hereinafter called the 'act'), preferred by the dealer, relates to the asesssment year, 1-4-1971 to 31-3-1972. The short question that arises for decision is whether French-polish comes within the meaning of the word 'varnish' included in Item 97 of the second Schedule to the Act. ( 2 ) ACCORDING to the dealer, French-polish does not come within the meaning of the word varnish' and it has to be taxed at the rate applicable to goods coming under sub-sec (1) of S. 5 of the Act. ( 3 ) THE Sales Tax Appellate Tribunal, Bangalore, has, after an exhaustive discussion, come to the conclusion that French-polish is one class of varnish and, therefore, falls under Item 97 of the Second Schedule to the Act. The dealer deals in French-polish. According to him, French-polish is not a varnish which, during the relevant period, was liable to tax at 6%. Item 97 of the Second Schedule to the Act deals with paints, colours, dyes and varnishes. It is not the case of the Revenue that French-polish comes within the meaning of painta or colours or dyes. It is their specific case that it comes within the meaning of 'varnish. ( 4 ) THE word 'varnish', when used as a verb, means to cover with liquid which produces, when dry, a hard glossy surface. The word 'varnish' is also used as a noun: Varnish is a liquid preparation. There are two classes of varnishes: One class is 'oil varnishes', which are essentially solutions of resins (natural or artificial) or of asphalt in drying oils; the other class is 'spirit varnishes, which are solutions of resins (natural or artificial), asphalt, cellulose esters etc. , in volatile solvents, as alcohol, spirits of turpentine or amyl acetate. A common spirit varnish is a solution of shellac in alocohol. (Vide Webster's New International Dictionary, 2nd Edn, Volume 2, page 2820 ). ( 5 ) IT is common ground that French-polish is shellac dissolved in alcohol. Therefore, it is clear that French-polish is a spirit varnish. Item 97 of the second Schedule to the Act includes both classes of varnishes, oil varnishes and spirit varnishes. (Vide Webster's New International Dictionary, 2nd Edn, Volume 2, page 2820 ). ( 5 ) IT is common ground that French-polish is shellac dissolved in alcohol. Therefore, it is clear that French-polish is a spirit varnish. Item 97 of the second Schedule to the Act includes both classes of varnishes, oil varnishes and spirit varnishes. The Tribunal, therefore, was right in the view that it has taken that French-polish comes within the meaning of the word 'varnish' and, as such, liable to be assessed at the rate provided under the second Schedule to the Act, at Item 97. Accordingly, this revision petition fails and is dismissed. No costs. --- *** --- .