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Supreme Court of India 2019-03-26 dismissed

CTO ANTI EVASION CIRCLE III RAJASTHAN JAIPUR vs M/S PRASOON ENTERPRISES JAIPUR

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

The State of Rajasthan's Commercial Tax Department challenged a ruling that wire ropes used in mobile cranes should be taxed at 4% (as parts of mobile cranes) rather than 12.5% (under the residuary entry). The Supreme Court upheld the lower authorities, holding that wire ropes are essential functional parts of mobile cranes without which the cranes cannot operate. Applying the principle that something is a part of another if the latter cannot function without it, the Court confirmed that wire ropes fall within the specific tax entry for mobile cranes and their parts, attracting the lower 4% rate rather than the residuary 12.5% rate.

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Tax Law Value Added Tax Indirect Taxation Classification of Goods Parts and Accessories

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