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1981 (7) TMI 204 - SC - VAT and Sales TaxWhether the sale is one which occasions the movement of goods from one State to another? Held that - Appeal dismissed. The goods having been despatched from one State to another State pursuant to a contract of sale which came into existence directly between the appellant and the buyer within a few days after the date of the allocation card, the sale was an inter-State sale. The Tribunal and the High Court were, therefore, right in upholding the orders of the assessing authority levying tax under the Act on all sales which had taken place in favour of the Export Promotion Scheme card- holders in Gujarat and Maharashtra even though the selling agent of the appellant at Bombay had on behalf of the appellant also dealt with such card-holders at Bombay, as the transactions in question satisfied the tests laid down in the case of English Electric Company of India Ltd. 1976 (9) TMI 134 - SUPREME COURT OF INDIA .
Issues Involved:
1. Exigibility of sales to Export Promotion Scheme card-holders to tax under the Central Sales Tax Act, 1956. 2. Determination of whether the sales were inter-State sales under Section 3(a) of the Act. 3. Applicability of precedents from previous judgments on similar issues. Issue-wise Detailed Analysis: 1. Exigibility of Sales to Export Promotion Scheme Card-Holders to Tax Under the Central Sales Tax Act, 1956 The appellant, a company engaged in the manufacture and sale of art silk yarn, sold large quantities of art silk yarn to various purchasers, including weavers in Maharashtra and Gujarat who held allocation cards under the Export Promotion Scheme. The question was whether these sales were taxable under the Central Sales Tax Act, 1956. The appellant contended that these sales were not inter-State sales as defined by Section 3(a) of the Act and should not be taxed under the Act. 2. Determination of Whether the Sales Were Inter-State Sales Under Section 3(a) of the Act Section 3(a) of the Act states that a sale or purchase of goods shall be deemed to take place in the course of inter-State trade or commerce if the sale occasions the movement of goods from one State to another. The appellant argued that the movement of goods from Tamil Nadu to Maharashtra or Gujarat was not occasioned by the sales but was a result of the goods being sent to its agent in Bombay. However, the court found that the allocation cards issued to the purchasers created a firm contract of sale that necessitated the movement of goods from Tamil Nadu to the respective States. The court emphasized that the movement of goods was directly linked to the contract of sale established under the terms of the allocation card. 3. Applicability of Precedents from Previous Judgments on Similar Issues The appellant relied on the decisions in Tata Engineering and Locomotive Co. Ltd. v. Assistant Commissioner of Commercial Taxes, Jamshedpur, and Kelvinator of India Ltd. v. State of Haryana to argue that the sales should not be considered inter-State sales. However, the court distinguished these cases based on their facts. In Tata Engineering, there was no firm order occasioning the movement of goods, and in Kelvinator, the goods were moved to a godown before being sold. Conversely, in the present case, the goods were moved directly from the factory to the buyer as a result of the contract of sale established by the allocation card. The court found that the facts of the present case were closer to those in English Electric Company of India Ltd. v. Deputy Commercial Tax Officer, where the movement of goods was directly linked to the contract of sale, making it an inter-State sale. The court concluded that the sales in question were inter-State sales under Section 3(a) of the Act and were rightly taxed by the assessing authority. Conclusion The appeals were dismissed, and the court upheld the orders of the assessing authority, the appellate authority, the Tribunal, and the High Court, confirming that the sales to Export Promotion Scheme card-holders in Gujarat and Maharashtra were inter-State sales and taxable under the Central Sales Tax Act, 1956.
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