Held by High Court of Karnataka:-
When the goods involved is a "portable handheld ticketing machine" that is how the assessee has described the machine and that is how the customers have also understood it and in the Central Excise Tariff Act this ticket issuing machines are expressly included in Entry 8470, the Court cannot hold that it falls under 8471 especially when it specifically states that "not elsewhere specified or included" - By virtue of the words used in 8471 "not elsewhere specified or included", 8471 do not include ticket issuing machines. When ticket issuing machines are expressly mentioned in 8470 and in the notification issued on 31.3.2006 under the heading "the Information Technology product" 8470 is not included, the assessee is not entitled to the benefit of 4% tax – Revision petitions dismissed.
For full text of Judgment- Please click here
M/s. MicroFx
Vs
The State of Karnataka
09/07/2014When the goods involved is a "portable handheld ticketing machine" that is how the assessee has described the machine and that is how the customers have also understood it and in the Central Excise Tariff Act this ticket issuing machines are expressly included in Entry 8470, the Court cannot hold that it falls under 8471 especially when it specifically states that "not elsewhere specified or included" - By virtue of the words used in 8471 "not elsewhere specified or included", 8471 do not include ticket issuing machines. When ticket issuing machines are expressly mentioned in 8470 and in the notification issued on 31.3.2006 under the heading "the Information Technology product" 8470 is not included, the assessee is not entitled to the benefit of 4% tax – Revision petitions dismissed.
For full text of Judgment- Please click here
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