(1.) IN this Tax Revision relating to the assessment year 1990-91, filed by the revision-petitioner (hereinafter referred to as 'the assessee') the only question for consideration is whether veneer plywood manufactured by the assessee falls under Entry 180 of the First Schedule or under Entry 5 of the Fifth Schedule to the Kerala General Sales Tax Act (briefly, 'the Act' ). Entry 180 of the First Schedule and Entry 5 of the Fifth schedule are as follows: "180. Splints and veneers for matches". "5. Plywood, veneer plywood and hardboards and venners not covered by Entry 180 of the First Schedule".
(2.) BY notification S. R. O. No. 148/72, the Government declared exemption in respect of purchase tax payable under S. SA of the Act on the purchase of softwood by manufacturers of splints and veneers. The said notification is extracted below: "in exercise of the powers conferred by the government of Kerala hereby make an exemption in respect of the tax payable under S. 5 A of the said Act on the purchase of soft wood by the manufacturers of splints and veneers within the State, provided that the splints and veneers manufactured by them are liable to tax at their hands either under the said Act or under the Central Sales Tax Act, 1956, (Central Act 74of 1956)".
(3.) FOR these reasons, we are of the view that the assessee is not entitled to exemption on the purchase turnover of soft wood, used by the assessee for the manufacture of veneer plywood, falling under Entry 5 of the Fifth Schedule. In the result, the Revision Petition fails and is dismissed. . .