Office of the Commissioner of Sales Tax, Vikrikar Bhavan, Mazgaon.
TRADE CIRCULAR
Mumbai, dated- 04.04.2014
No- OSD/VP12014-15 Trade Circular- 11T of 2014
Sub: Supreme Court judgment in the case of Bansal Wire Industries.
RATIO OF THE JUDGEMENT
The Supreme Court in the case of Bansal Wire industries (42 VST 372) had occasion to decide as to whether ‘Stainless steel wire’ is covered within the entry (ix) of Clause (iv) of section 14 of the CST Act, 1956. The Supreme Court referred to entry No. (ix) and entry (xvi) of clause of (iv) of section 14 of the CST Act. It observed the following,
The expression “of any of the above categories” appearing in entry Nos. (ix) and (xvi) of clause (iv) of section 14 of the Central Act would indicate that they would each be items referred in the preceding items. Therefore, even the expression “of any of the above categories” in entry No.(ix) of clause (iv) would only relate to steel and alloy produced for any of the materials mentioned in item Nos. (i) to OHO, Thus “stainless steel wire” produced by the appellant cannot be read into item No. (xv) which reads as “wire rods and wires-rolled, drawn, galvanized, aluminized, tinned or coaled such as by copper”.
As per this judgment ‘Stainless steel wire’ is not declared goods taxable @ 5% but it is taxable at the residual entry. The observations of the Supreme Court that the specific entry for ‘tool, alloy and special steels’ is not applicable from entry (x) to entry (xv) is also to be noted. It implies that the expression of any of the above categories” in entry No.(ix) of clause (iv) of Section 14 of the Central Sales Tax Act would not relate to steel and alloy produced for any of the materials mentioned from item nos. (x) to (xv). Therefore, the items covered from entry no (x) to entry (xv) made of ‘tool, alloy and special steels’ would not be covered by schedule entry C-55 of MVAT Act.
2) APPLICABILITY OF THE JUDGEMENT
It has been held in the determination in the case of M/s Devidayal Electronics and Wires Ltd ( DDQ-1173/165/B-5 dt. 12.7.73) that ‘stainless steel wire’ is covered under schedule entry B-I-3 under the clause wire rods and wires- rolled, drawn, galvanized, aluminized, tinned or coated such as by copper’. In view of this, it is decided,
a) The matter is referred to Government for guidance as to whether the Supreme Court judgement be enforced for transactions effected prior to the date of the Supreme Court judgement i.e 26.4.2011.
b) All transactions effected on or after 26.4.2011 would evidently be governed by the ratio of the Supreme Court judgement.
Dr. Nitin Kareer, Commissioner of Sales Tax, Maharashtra State, Mumbai
What is the tax rate of Stainless sheet / pipes / tubes / rod ..???
Mr Sahu, Its better to take advise of Tax consultant where issue is complicated.
I think Stainless Steel Rods are declared goods by virtue of being item of section 14 (iv)(iv) of CST act which corresponds to C-55 of Mvat act in Maharashtra.
However, if It is Stainless Steel wire Rods then It will fall under item of section 14 (iv)(xv)of CST act and will be taxable at residual entry.This view is personal and it is advised to consult tax advisor for clarification.
We hereby request Lakhotiaji to reply to our queries.
What About Stainless Steel Rod???? which Schedule Entry It Will Attract????
Respected Tax Guruji, What will be effect of this circular in Maharashtra and other Indian states? The circular created confusion and havoc in Mumbai.
Should Dealers start charging 12.5% on Stainless Steel wires or wait clear guidelines from department?
What about Stainless Steel Tubes and Pipes?
Prima facie it appears that Stainless Steel Tubes will attract 12.5% Vat (being item of Section 14 (iv) (xi) of CST act which is now out of scope of Declared goods if made of stainless steel).
And Stainless Steel Pipes may continue to attract 5% Vat by virtue of also being item falling under Schedule C-72 of Mvat act.
Your opinion is highly trusted hence an immediate clarification will highly be appreciated.
Thanks and warm regards.