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1962 Supreme(Kar) 11

Karnataka High Court
Judges : K.S.Hegde,Iqbal Husain
STATE OF MYSORE - Appellant
Versus
SANTOOMAL KISHNOMAL - Respondent
Civil Revision Petition 1267 Of 1960
Decided On : 01/23/1962
Advocates Appeared :
D.R.CHANDRASEKHAR, GULUR SRINIVASA RAO

The ordinary meaning of the words 'agricultural implement' should be considered, and if an item is extensively used for agricultural purposes, it qualifies as an agricultural implement exempted from sales tax.

Headnote:

agricultural implement - Mysore Sales Tax Act, 1948 - The court held that a 'crow-bar' is considered an 'agricultural implement' and is exempted from sales tax under schedule III of the Mysore Sales Tax Act, 1948. The court emphasized that the ordinary meaning of the words 'agricultural implement' should be considered, and since the crow-bar is extensively used for agricultural purposes, it qualifies as an agricultural implement.

Fact of the Case:

The only point for consideration was whether a 'crow-bar' is an 'agricultural implement' exempted from sales tax under the Mysore Sales Tax Act, 1948. The Sales Tax Appellate Tribunal opined that it is an agricultural implement.

Finding of the Court:

The court found that the crow-bar is extensively used as an agricultural implement and therefore qualifies as an 'agricultural implement' exempted from sales tax.

Issues: The main issue was whether a 'crow-bar' should be considered an 'agricultural implement' for the purpose of exemption from sales tax under the Mysore Sales Tax Act, 1948.

Ratio Decidendi: The court emphasized that the ordinary meaning of the words 'agricultural implement' should be considered, and since the crow-bar is extensively used for agricultural purposes, it qualifies as an agricultural implement.

Final Decision: The revision petition failed, and the court dismissed the petition, ordering the petitioner to pay the costs of the respondent and advocate's fee.

( 1 ) THE only point that comes up for consideration in this case is whether a "crow-bar" is an "agricultural implement" exempted from sales tax under schedule III of the Mysore Sales Tax act, 1948. The Sales Tax Appellate Tribunal has opined that it is an agricultural implement. There is no denying of the fact that the crow-bar is used as an agricultural implement. But, what the learned Government Pleader contends is that it is mainly used as an instrument for purposes other than agricultural purposes and therefore it should not be considered as an "agricultural implement". "agricultural implement" has not been defined in the Mysore Sales Tax Act, 1948, nor in the rules framed thereunder. Therefore, we have to take ordinary meaning of the words "agricultural implement" into consideration. It is not denied that a "crow-bar" is generally used as an agricultural implement. The question whether it is predominantly used as such an instrument to our mind appears to be an irrelevant question. The use of the "crow-bar" for agricultural purposes is by no means a remote use. We are also in agreement with the contention of Mr. Gulur Srinivasarao, the learned counsel for the respondent, that the crow-bar is extensively used as an agricultural implement. That being so, we are in agreement with the conclusions reached by the Mysore Sales Tax Appellate Tribunal that "crow-bar" is an "agricultural implement".

( 2 ) IN the result, this revision petition fails and the same is dismissed. The petitioner shall pay the costs of the respondent. Advocate's fee Rs. 100.

( 3 ) PETITION dismissed.

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