1968 (11) TMI 85 - SC - VAT and Sales Tax

Whether or not the Madhya Pradesh Electricity Board is a dealer within the meaning of section 2(c) of the C.P. and Berar Sales Tax Act, and section 2(d) of the Madhya Pradesh General Sales Tax Act, 1958, in respect of its activity of generation, distribution, sale and supply of electrical energy? Whether or not steam is salable goods and if they are salable goods is the turnover representing the supply thereof liable to be assessed to sales tax in the hands of the assessee? Held that - Appeal partly allowed. On the findings of the Tribunal and the High Court we are of the opinion that the arrangement relating to supply of steam in return for the water supplied by the mills on payment of actual cost was not one of sale but was more in the nature of a works contract. In the result the answer of the High Court to the first question is discharged and it is held that the Electricity Board is a dealer within the meaning of the relevant provisions of the two Acts in respect of its activities of generation, distribution, sale and supply of electric energy.

Issues Involved
1. Whether the Madhya Pradesh Electricity Board is a "dealer" under the C.P. and Berar Sales Tax Act, 1947, and the Madhya Pradesh General Sales Tax Act, 1958, in respect of its activity of generation, distribution, sale, and supply of electric energy.
2. Whether coal-ash sold by the Electricity Board is subject to sales tax.
3. Whether steam supplied to Nepa Mills is salable goods and if it is, whether the turnover representing the supply thereof is liable to be assessed to sales tax.
4. Whether specification and tender forms sold by the Electricity Board are subject to sales tax.
5. Whether the Electricity Board is liable to purchase tax on goods purchased from unregistered dealers for consumption or use in generating, supplying, and distributing electricity.

Detailed Analysis

1. Dealer Status of the Electricity Board:
The primary issue was whether the Madhya Pradesh Electricity Board qualifies as a "dealer" under the relevant sales tax acts. The definition of "dealer" in both the C.P. and Berar Sales Tax Act, 1947, and the Madhya Pradesh General Sales Tax Act, 1958, includes any person who carries on the business of buying, selling, supplying, or distributing goods. The court held that electric energy qualifies as "goods" under these acts, despite its intangible nature. It can be stored, transmitted, and consumed, and it is capable of being sold and purchased like any other movable property. Therefore, the Electricity Board, which engages in the business of selling, supplying, and distributing electric energy, falls within the definition of a "dealer."

2. Taxability of Coal-Ash:
The court affirmed the High Court's decision that the Electricity Board is a "dealer" in respect of the sale of coal-ash. Since the Board regularly produced and sold coal-ash, it was engaged in a business activity subject to sales tax. The sale transactions of coal-ash were therefore liable to be assessed to sales tax.

3. Taxability of Steam:
The court examined whether steam supplied to Nepa Mills constitutes salable goods and if the turnover from its supply is taxable. The High Court had concluded that the supply of steam was not a business activity aimed at profit but rather a labor contract. The arrangement was for converting water supplied by the mills into steam, which was provided at actual cost. The court agreed with this finding, stating that the supply of steam was more akin to a works contract than a sale. Therefore, the turnover from the supply of steam was not taxable.

4. Taxability of Specification and Tender Forms:
The High Court held that the sale of specification and tender forms by the Electricity Board did not constitute a business activity aimed at profit. Therefore, these transactions were not subject to sales tax. This issue was not pressed by the Commissioner of Sales Tax in the appeals.

5. Liability to Purchase Tax:
The High Court had held that since the Electricity Board was not a "dealer" in respect of the sale and supply of electric energy, it was not liable to purchase tax on goods bought for generating, supplying, and distributing electricity. However, the court discharged this finding, noting that the Electricity Board accepted the liability for purchase tax as determined by the assessing authorities.

Conclusion
The Supreme Court concluded that the Madhya Pradesh Electricity Board is a "dealer" in respect of its activities involving electric energy. The sales of coal-ash are taxable, while the supply of steam to Nepa Mills is not taxable as it constitutes a works contract. The sale of specification and tender forms is not subject to sales tax, and the Board's liability for purchase tax stands as determined by the assessing authorities. The appeals were partly allowed, with each party bearing its own costs.

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