1975 (11) TMI 124 - SC - VAT and Sales Tax

Whether the price of cotton seeds was deductible from the purchase turnover of unginned cotton? Held that - All the present appeals have also got to be disposed of in identical terms. The directions given by the learned single Judge are to be modified only to this extent that in all these cases fresh assessments will have to be made under section 11AA as introduced in the Act by the Amendment Act in the light of the judgment of this court in the case of Shakti Cotton Company 1971 (11) TMI 143 - SUPREME COURT OF INDIA . The appeals are accordingly disposed of in the manner stated above.

Summary

Issues:
1. Interpretation of the Punjab General Sales Tax Act, 1948 regarding deduction of purchase turnover.
2. Challenge to assessment orders under the Act.
3. Application of amendments and validation acts to rectify defects in the law.
4. Assessment of purchase tax on declared goods like cotton.
5. Directions for fresh assessments under section 11AA of the Amendment Act.

Interpretation of the Punjab General Sales Tax Act, 1948 regarding deduction of purchase turnover:
The case involved appeals by the State of Punjab against different assessee-respondents, covered by a previous court decision. The respondent, a trading company, purchased unginned cotton, ginned it, and sold the ginned cotton and cotton seeds. The company claimed deduction of the entire amount of the unginned cotton price from its turnover under the Act. However, the Assessing Authority allowed deduction only for the price of ginned cotton. The High Court upheld the company's claim based on previous decisions, concluding that the entire purchase price of unginned cotton was deductible.

Challenge to assessment orders under the Act:
The legality of assessment orders under the Act was challenged in various appeals. The court referred to past cases where defects in the law were rectified through amendments and validation acts. The court highlighted the need for investigations to determine if the assessee falls under the clause for levy of purchase tax, emphasizing that such determinations are factual in nature.

Application of amendments and validation acts to rectify defects in the law:
The court traced the history of amendments related to the assessment of sales tax on declared goods like cotton. It noted the evolution of a new scheme for the assessment of declared goods and emphasized the need for fresh assessments under the amended Act. The court upheld the validity of the amending law in previous cases.

Assessment of purchase tax on declared goods like cotton:
The court reiterated that purchase tax is levied on declared goods like cotton and emphasized the need for assessments to be made at the stage of purchase by the last dealer. The court directed that fresh assessments must be conducted under the relevant provisions of the Amendment Act in light of previous judgments.

Directions for fresh assessments under section 11AA of the Amendment Act:
The court disposed of all appeals in identical terms, directing that fresh assessments be made under section 11AA of the Amendment Act. The court clarified that the assessments should be conducted in accordance with the judgment in a specific case involving similar issues. No costs were awarded in any of the appeals.