From the Courts
Dhaval Talati
7 Can specific entry overrides General/Residuary entry? Held: Specific entry will prevail
Facts of the case
The petitioner manufactured Steel Grip Insulating Tape.
Dispute: whether it should be classified as an “insulator” under Entry 50, Part-II, Schedule-II (lower tax rate: 4%/5%) or as an “electrical good” under the residuary entry (higher rate: 12.5%/13%).
Commissioner classified it under residuary entry; recovery notices issued.
Appellant’s contention
Product is functionally an insulator preventing current leakage.
Specific entry for insulators should prevail over general entry.
Commissioner wrongly relied on trade parlance and a circul.......