Salot Brothers vs State of Karnataka

The appellant, a registered dealer under the Karnataka Sales Tax Act, 1957 ("the Act" for short), filed an application u/s 4 of the Act, before the Authority for Clarification and Advance Rulings in regard to the rate of tax payable on the following commodities:

Hair pin, hair bands (elastic), hair bands (plastic) and hair clips (plastic).

The authority, following the decision of the Supreme Court in State of Gujarat Vs. Prakash Trading Co., Ahmedabad, , the decision of the Allahabad High Court in Commissioner of Sales Tax, U.P., Lucknow Vs. Jai Shri Products, Varanasi, and the decision of the Bombay High Court in Navrang Plastics Vs. The State of Maharashtra, , has passed an order dated October 8, 2002 holding that the said items are "toilet articles" fall under entry 10(ii) of Part "T" of the Second Schedule to the Act and the tax applicable is 20 per cent.

Feeling aggrieved, the appellant has filed this appeal, urging two contentions:

(i) As "toilet articles" enumerated in entry 10(ii) start with the words "that is to say", the entry is exhaustive and not illustrative and only those goods specified in the said entry will fall under the said entry. As hairpins, hair bands and hair clips are not mentioned in the said entry, they will not fall under the entry 10 of Part "T" of the Second Schedule.

(ii) The goods in question cannot be considered as "toilet articles", at all as understood in common parlance and therefore they will not fall under entry 10(ii) of Part "T" of the Second Schedule.

Re: Contention (i):

Entry 10 of Part T of the Second Schedule, which is relevant, contains two parts and it is extracted below:

Toilet articles (whether medicated or not) that is to say,-

(i) Perfumes, eau-de-cologne, solid colognes, beauty boxes, face packes, cleansing liquids, moisturisers, make-up articles (not including talcum powder), complexion rouge, bleaching agents, hair dyes, hair sprayers, hair removers, hair creams, lipsticks, nail polishers and varnishers, polish removers, eye liners, after shave lotion and body deodorants.

(ii) Toilet articles other than those specified at (i) above, toilet soaps and such other toilet articles as may be specified by the State Government by notification in the Official Gazette.

The first part of entry 10, i.e., Clause (i) refers to specific items. Clause (ii) refers to all toilet articles other than those specified in Clause (i). Therefore, it is untenable to contend that unless the articles are specified, they will not fall under entry 10. It is evident that all "toilet articles" will fall under and are covered by entry 10. While those enumerated in Clause (i) will fall under that clause, all remaining toilet articles will fall under Clause (ii). The distinction was of some relevance when the rates of tax were different for those falling under Clause (i) and those falling under Clause (ii). From April 1, 2001, as the rate of tax is the same for both, the distinction has lost its relevance. At present the rate of tax for all toilet articles, both specified and unspecified is 20 per cent. Be that as it may.

Re: Contention (ii):

The second contention depends upon the interpretation of the words "toilet articles". The Supreme Court in the case of State of Gujarat Vs. Prakash Trading Co., Ahmedabad, , has extracted with approval, the meaning of the words "toilet" and "toiletry" appearing in Webster''s International Dictionary. The term "toilet" refers to an act or process of bathing, grooming and dressing. The term "toilet articles" or "toiletry" refers to the articles used in the process of bathing, cleansing, grooming, dressing and dressing hair. "To groom" has been defined in the Chamber''s 21st Century Dictionary as "to keep (a person) clean and neat especially regarding clothes and hair" or "to clean, brush and generally smarten". Thus, any article used in dressing, or dressing hair or grooming, will have to be considered as a toilet article.

The Allahabad High Court in Commissioner of Sales Tax, U.P., Lucknow Vs. Jai Shri Products, Varanasi, , and the Bombay High Court in Navrang Plastics Vs. The State of Maharashtra, , have held that hairpins and hair clips are toilet requisites, that is toilet articles, as they are used to hold hair in place after combing or after brushing. We respectfully agree. In common parlance also, hairpins, hair bands (elastic and plastic) and hair clips are treated as part of toiletry or toilet articles as they are used to keep the hair in place after grooming/dressing the hair. It is well-settled that the entries in the schedule should be interpreted with reference to their meaning attributed in common parlance by persons trading in them or using them.

We therefore find no error in the clarification/advance ruling given by the authority. The appeal is, therefore, dismissed.