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Supreme Court of India 2019-03-26 dismissed

CTO, Anti Evasion, Circle III, Rajasthan, Jaipur vs Prasoon Enterprises, Jaipur

Bench: 2 — Abhay Manohar Sapre

In Brief

The State's appeal challenged the classification of mobile crane wire ropes for VAT purposes. The respondent dealer charged 4% VAT (Entry 155, Schedule IV) while the tax authority demanded 12.5% (Residuary Entry, Schedule V). The Supreme Court held that wire ropes are essential parts of mobile cranes without which cranes cannot function. Applying the test that 'a thing is a part of another if the latter is incomplete without it,' the Court confirmed wire ropes fall within Entry 155 and are taxable at 4%. The appeal was dismissed.

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Taxation/Excise Value Added Tax Classification of goods Statutory Interpretation Administrative Law

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