1994 (7) TMI 298 - SC - VAT and Sales Tax

Validity of the amended section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act 1947 as substituted by the Orissa Sales Tax (Amendment) Act 1978 with retrospective effect challenged Held that - Appeal dismissed. It cannot be said that the assessment and the demand of tax made by the authorities are bad and should be struck down. The State by the amended provision has only wanted to impose tax on intra-State sale and it is within the competence and powers of the State Legislature under entry 54 of List II of the Seventh Schedule of the Constitution of India.

Summary

Issues:
Validity of amended section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act, 1947 with retrospective effect. Classification of writ petitions into three categories by the High Court. Assessment and imposition of tax on purchases made without payment of tax. Reversal of Full Bench judgment by the Supreme Court. Competence of the State Legislature to impose tax on intra-State sales.

Analysis:
The judgment revolves around the validity of the amended section 5(2)(A)(a)(ii) of the Orissa Sales Tax Act, 1947, challenged with retrospective effect. The Orissa High Court classified the writ petitions into three categories. The first category involved assessments with unamended declarations and purchases made without tax payment. The second category concerned tax imposition on declared goods in violation of relevant laws. The third category addressed assessments post-amendment of form No. XXXIV after April 26, 1978. The High Court allowed petitions from categories (1) and (2), quashing assessments and tax impositions. However, petitions from category (3) were dismissed, leading to the appellants' appeal before the Supreme Court.

In a separate judgment, the Supreme Court reversed the Full Bench judgment of the Orissa High Court, which upheld the validity of the amended section 5(2)(A)(a)(ii) of the OST Act. The High Court's reasoning emphasized the State Legislature's power to ensure single-point levy and the legality of the amended law within its competence. The Court highlighted that the tax should have been paid at the initial point of purchase, as the goods were later sold in violation of declarations, leading to tax avoidance. The Court also discussed the provisions of section 15 of the Central Sales Tax Act and the Orissa Sales Tax Act, emphasizing the State's authority to impose tax on declared goods and the reimbursement process for inter-State sales.

The Supreme Court concurred with the High Court's reasoning and upheld the validity of the amended provision. The Court dismissed the appeals, imposing costs on the appellants. Each appellant was directed to pay Rs. 5,000 as costs. The judgment reaffirmed the competence of the State Legislature to impose tax on intra-State sales, emphasizing the legality and constitutionality of the amended law. Ultimately, the appeals were dismissed by the Supreme Court, affirming the High Court's decision and conclusions.