SHREE METALLIC YARN INDUSTRIES Vs. COMMERCIAL TAXES OFFICER

JUDGEMENT

(1.) THESE revision petitions of the assessee filed against the order of Tax Board dated July 16, 2001 raise a short, but interesting question of law for consideration by this Court.

(2.) THE question is as to whether the metallic yarn produced and sold by the assessee during the period in question, namely, 1986 -87 to 1988 -89, is taxable at the rate of 1.5 per cent as "all kinds of man -made yarn whether synthetic or non -synthetic, cellulosic or non -cellulosic, blended or not and waste thereof", or is taxable at the rate of three per cent as "badla" under notification dated June 19,1967 (S. No. 130 of J. K. Jain's Book, Vol. 2). The said commodity "badla", though not a defined term, is used in the notification dated June 19, 1967 along with other items like gota, gota -kinari, salma and sitara. The said notification is reproduced hereunder:

(3.) HEARD learned Counsel on both the sides and perused the record.