1981 (7) TMI 205 - SC - VAT and Sales Tax

Whether the goods manufactured or processed by the registered dealer for a third party were intended for sale by such third party? Held that - Appeal dismissed. The Division Bench of the High Court was right in holding that even if the assessee carried out the work of sizing, bleaching and dyeing of textiles for a third party on job-contract basis, its case would be covered by the terms of the second sub-clause of section 8(3)(b), provided that the textiles so sized, bleached and dyed by the assessee were intended for sale by such third party. If it is proved in any proceedings initiated under section 10(d) or section 10A that the textiles sized, bleached or dyed by the assessee for a third party on job-contract basis were not intended for sale by such third party, as would be evident if such textiles were in fact not sold by the third party but were used for its own purposes, the assessee would incur the penalty prescribed in those sections. Thus quash and set aside the notices which have been issued against the assessee on the basis that merely by using dyeing colours and other chemicals purchased by it in sizing, bleaching and dyeing textiles for third parties on job-contract basis, the assessee contravened the provisions of section 10, clause (d), and rendered itself liable to penalty under section 10A.

Issues Involved:
1. Interpretation of Section 8(3)(b) of the Central Sales Tax Act, 1956.
2. Validity of notices issued under Sections 10 and 10A of the Central Sales Tax Act, 1956.
3. Whether the use of goods for job-work for third parties constitutes misuse of the certificate of registration.

Detailed Analysis:

1. Interpretation of Section 8(3)(b) of the Central Sales Tax Act, 1956:

The primary issue in this case is the interpretation of Section 8(3)(b) of the Central Sales Tax Act, 1956. The court needed to determine whether the goods purchased by a registered dealer for use in manufacturing or processing goods for sale must be intended for sale by the dealer himself or if it could also include goods manufactured for a third party under a job-contract where the manufactured goods are intended for sale by such third party.

The court emphasized that the language of the statute must be construed according to its plain meaning. The expression used by the legislature is "for use... in the manufacture... of goods for sale" without any qualifying words indicating that the sale must be by the registered dealer himself. The omission of the words "by him" after "for sale" in Section 8(3)(b) was deliberate and intentional, indicating that the legislature did not intend to restrict the sale of the manufactured goods to the registered dealer.

The court concluded that the goods manufactured by the registered dealer must be intended for sale, but it is immaterial whether the sale is by the registered dealer or by a third party for whom the goods are manufactured. This interpretation aligns with the object and purpose of the statutory provision, which aims to prevent the cost of the manufactured goods from becoming unduly expensive to the consumer due to a higher rate of sales tax on the goods used in manufacturing.

2. Validity of Notices Issued Under Sections 10 and 10A of the Central Sales Tax Act, 1956:

The Excise and Taxation Officer issued notices to the assessee, alleging misuse of the certificate of registration by using the purchased goods for job-work for third parties rather than for manufacturing its own goods for sale. The court examined whether this constituted a contravention of Section 10, clause (d), and rendered the assessee liable to penalty under Section 10A.

The court held that the Division Bench of the High Court was correct in quashing the notices. The use of goods purchased against the certificate of registration for job-work for third parties does not contravene Section 8(3)(b) as long as the manufactured goods are intended for sale by the third party. Therefore, the assessee did not misuse the certificate of registration, and the notices issued under Sections 10 and 10A were invalid.

3. Whether the Use of Goods for Job-Work for Third Parties Constitutes Misuse of the Certificate of Registration:

The court addressed the contention that using goods purchased against the certificate of registration for job-work for third parties constitutes misuse of the certificate. The court clarified that Section 8(3)(b) does not require that the goods manufactured by the registered dealer must be intended for sale by the dealer himself. It is sufficient if the goods are intended for sale by a third party for whom the goods are manufactured.

The court emphasized that the statutory provision aims to ensure that the cost of the manufactured goods is not unduly increased by a higher rate of sales tax on the goods used in manufacturing. Therefore, the use of goods for job-work for third parties does not constitute misuse of the certificate of registration, provided the manufactured goods are intended for sale by the third party.

Conclusion:

The court quashed and set aside the notices issued against the assessee, holding that the use of dyeing colors and chemicals for job-work for third parties does not contravene Section 8(3)(b) of the Central Sales Tax Act, 1956. The appeal was dismissed with costs throughout, and the judgments of the Madhya Pradesh High Court, Gujarat High Court, and Kerala High Court, which had taken a different view, were deemed to be overruled by this decision.

← Previous Next →