VidhiSangh

Supreme Court of India · 02/03/2023

COMMISSIONER OF TRADE TAX versus M/S. KUMAR PAINTS AND MILL STORES THROUGH ITS PROPRIETOR

[2023] 2 S.C.R. 938 · 2023 INSC 193

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Summary

The Revenue contended that paint dealers who mixed tax-paid base paint with tax-paid colourants through a computerised tinting machine 'manufactured' a new product under Section 2(e-1) of the U.P. Trade Tax Act, 1948, attracting a fresh incidence of tax. On remand from the Supreme Court an expert report of Harcourt Butler Technical University found that tinting does not bring a new product into existence, and the Allahabad High Court held there was no manufacture. The Supreme Court dismissed the Revenue's appeals: the determinative test is the emergence of a commercially recognisable new commodity rather than a variation of an existing one, and paint of a different shade remains paint in common parlance; Sonebhadra Fuels, where coal briquettes emerged from a distinct process, does not assist the Revenue.

Issues

  1. Whether mixing base paint with colourants to produce paint of a desired shade amounts to 'manufacture' within Section 2(e-1) of the U.P. Trade Tax Act, 1948 so as to attract a fresh incidence of tax.

Provisions considered

Held

Result

Appeals dismissed with no order as to costs; Allahabad High Court judgment dated 18.05.2009 in TTR No. 711 of 2002 and connected revisions, holding that tinting of paint is not manufacture, affirmed.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 938.