MARICO LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two appeals from the common order dtd. 11/3/2005 of the Commercial Taxes Tribunal (for brevity 'the Tribunal') in a Miscellaneous Case and Revision Case, agitate the same issue. The appellant, a dealer under the provisions of the Bihar Value Added Tax Act, 2005 (for brevity 'Act of 2005') approached the authority under Sec. 77 for a ruling as to whether coconut oil, sold by it, would be taxed at the rate of 12.5% as a residuary item or at the rate of 4% as a commodity coming within Schedule-III.

(2.) The assessment year is 2005-06; the year in which the Value Added Tax regime was enforced in the State of Bihar, as in the other states. Initially, Entry 27 of Schedule-III contained edible oil and oil cakes which, by a notification dtd. 9/7/2005 was amended to read as 'edible oils (other than coconut oil) or oil cakes.' Hence, up to 9/7/2005, the commodity was an edible oil liable to a lesser rate of tax as provided for Schedule-III goods. Even after the amendment of 9/7/2005, coconut oil would be taxable at the rate of 4% being a vegetable oil, which was included under Entry 82, which entry was substituted out by notification dtd. 1/4/2006, is the contention of the assessee.

(3.) We heard Sri S.D. Sanjay, learned Senior Counsel for the appellant and Sri Vikas Kumar for the State.