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State Of Madras v. Indian Oxygen Limited

State Of Madras v. Indian Oxygen Limited

(High Court Of Judicature At Madras)

Tax Case No. 150 Of 1966 | 16-10-1967

VEERASWAMI, J.

The only point in this case is whether arc welding rods are electrical goods within the meaning of entry 41 of the First Schedule of the Madras General Sales Tax Act, 1959. This point was elaborately considered by us in Tax Case No. 140 of 1964 [Since reported as Deputy Commissioner of Commercial Taxes, Madurai Division, Madurai v. Ravi Auto Stores in which we were of the view that welding rods were not within the ambit of the entry. Learned Special Government Pleader tried to distinguish Tax Case No. 140 of 1964 [Since reported as Deputy Commissioner of Commercial Taxes, Madurai Division, Madurai v. Ravi Auto Stores but he has not succeeded in pointing out any difference. The Tribunal had a demonstration before it, and on that basis it has stated that the rods by user of oxygen gas melted and became non-existent in the process of welding. That means the welding rods were capable of user without electrical energy. Even otherwise, the Tribunal was correct in its view that the rods did not fall within the ambit of "electrical goods" as defined in entry 41, because the rods themselves neither generate nor transmit electricity. But in the process of welding, the rods, due to the heat produced, melt and disappear. Following our judgment in Tax Case No. 140 of 1964 [Since reported as Deputy Commissioner of Commercial Taxes, Madurai Division, Madurai v. Ravi Auto Stores we dismiss this tax case. No costs.

Advocate List
  • T. N. C. Rangarajan Instructed, King, Partridge, Advocates.
Bench
  • HON'BLE MR. JUSTICE VEERASWAMI
  • HON'BLE MR. JUSTICE RAMAPRASADA RAO
Eq Citations
  • [1968] 22 STC 476 (MAD)
  • LQ/MadHC/1967/378
Head Note

Sales Tax — Madras General Sales Tax Act, 1959 (2 of 1959) — Sch. I, Entry 41 — Arc welding rods — Electrical goods — Arc welding rods not electrical goods — Arc welding rods capable of use without electrical energy — Arc welding rods neither generating nor transmitting electricity