1985 (3) TMI 234 - SC - VAT and Sales Tax

Entitlement of refund - Held that - Appeal allowed. The burden of paying the amount in question was transferred by the respondents to the purchasers and, therefore, they were not entitled to get a refund. Only the persons on whom lay the ultimate burden to pay the amount would be entitled to get a refund of the same. The amount deposited towards the fund was to be utilised for the development of sugarcane. If it is not possible to identify the persons on whom had the burden been placed for payment towards the Fund, the amount of the Fund can be utilised by the Government for the purpose for which the Fund was created, namely, development of sugarcane. There is no question of refunding the amount to the respondents who had not eventually paid the amount towards the Fund. Doing so would virtually amount to allowing the respondents unjust enrichment. Thus the judgment and decree of the High Court for the refund of the amount of Rs. 50,000 and interest thereon is set aside.

Issues:
Challenge to the imposition of "Sugar Fund" levy under the Madhya Bharat Sugar Control Order, 1949.
Validity of the collection of money by the State under the Sugar Control Order.
Constitutional validity of the levy and collection of the "Sugar Fund."
Refund of the amount deposited towards the "Sugar Fund."

Analysis:

The case involved a challenge to the imposition of a "Sugar Fund" levy under the Madhya Bharat Sugar Control Order, 1949. The respondents, owners of Jaora Sugar Mills, contended that the modification made by the Madhya Bharat Government in the definition of essential commodities by including sugar was against the law. They argued that the levy and collection of the "Sugar Fund" by the Director of Civil Supplies was illegal and unconstitutional. The High Court held that the State did not have the legislative competence to impose such a levy and collect money under the Sugar Control Order. It further ruled that the imposition of the "Sugar Fund" was not saved under Article 277 of the Constitution. The High Court also found that the Director of Civil Supplies did not have the authority to fix different prices for different sugar mills, and the collection of money from the respondents was without lawful authority.

The State, feeling aggrieved, appealed against the High Court's decision. The State contended that the recovery of the amount from the respondents was lawful and there was no discrimination as alleged under Article 14 of the Constitution. The State relied on precedents such as Orient Paper Mills Ltd. v. State of Orissa and Shiv Shanker Dal Mills v. State of Haryana to argue against the refund of the amount to the respondents. However, the Supreme Court rejected the State's arguments and held that the burden of paying the amount was transferred to the purchasers by the respondents. Therefore, the respondents were not entitled to a refund as they did not bear the ultimate burden of payment towards the "Sugar Fund."

The Supreme Court further emphasized that if it was not possible to identify the persons on whom the burden was placed for payment towards the "Sugar Fund," the amount could be utilized by the Government for the intended purpose of developing sugarcane. Refunding the amount to the respondents who did not ultimately pay towards the Fund would result in their unjust enrichment. Consequently, the Supreme Court allowed the appeal, setting aside the High Court's judgment and decree for the refund of the amount deposited towards the "Sugar Fund" and interest thereon. The parties were directed to bear their own costs.

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