2001 (9) TMI 926 - SC - VAT and Sales Tax

TURNOVER MANUFACTURER OF FERTILIZER SALE PRICE FIXED UNDER CONTROL ORDER - RETENTION PRICE BY WAY OF SUBSIDY GIVEN BY CENTRAL GOVERNMENT UNDER ADMINISTRATIVE SCHEME BASED ON FERTILIZER REMOVED FROM FACTORY NOT PART OF SALE PRICE - NOT TO BE INCLUDED IN TURNOVER

Summary

Issues Involved:
1. Whether the subsidy received by the appellant forms part of its taxable turnover under the Tamil Nadu General Sales Tax Act.

Issue-wise Detailed Analysis:

1. Nature of Subsidy and its Taxability:
The primary issue in this case is whether the subsidy received by the appellant from the Government of India should be included in the taxable turnover under the Tamil Nadu General Sales Tax Act. The appellant, a manufacturer of fertilizers, receives a subsidy from the government to compensate for the difference between the retention price and the maximum selling price fixed under the Fertiliser (Control) Order, 1985.

2. Fertiliser (Control) Order and Retention Price Scheme:
The Fertiliser (Control) Order, 1985, issued under the Essential Commodities Act, 1955, fixes the maximum selling price for fertilizers. To ensure that manufacturers do not suffer losses due to the fixed prices, the government introduced the Retention Price Scheme in 1977, which provides for reimbursement of the difference between the retention price and the selling price.

3. Administrative Nature of Subsidy:
The subsidy is an administrative decision by the government, not mandated by the Fertiliser (Control) Order. The subsidy is paid based on the quantity of fertilizer removed from the factory, not necessarily linked to the sale of the fertilizer. The payment of subsidy is to ensure that fertilizers are available to consumers at reasonable prices while ensuring manufacturers are not unduly burdened.

4. Tribunal's Decision and High Court's Ruling:
The Taxation Tribunal had earlier ruled that the subsidy received by the appellant was part of the sale price, attracting sales tax. This decision was challenged by the appellant, leading to the present appeal.

5. Legal Interpretation of "Turnover" and "Sale":
Under the Tamil Nadu General Sales Tax Act, "turnover" includes the aggregate amount for which goods are sold. The court clarified that only the amount receivable from the purchaser forms part of the turnover. The subsidy, being an administrative grant from the government, does not form part of the sale price or consideration for the sale of fertilizers.

6. Relevant Case Law:
The court referred to several precedents, including State of Tamil Nadu v. Kothari Sugars & Chemicals Ltd., George Oakes (Private) Ltd. v. State of Madras, and Hindustan Sugar Mills Ltd. v. State of Rajasthan, to support the conclusion that amounts received de hors the contract of sale, such as subsidies, do not form part of the taxable turnover.

7. Conclusion and Judgment:
The court concluded that the subsidy received by the appellant from the government is not part of the sale price and, therefore, not includible in the taxable turnover. The judgment of the Tribunal was set aside, and the appeals were allowed. The orders of the Tribunal and subsequent orders were quashed, resulting in the writ petitions filed in the High Court being allowed.

Separate Judgments:
There were no separate judgments delivered by different judges in this case. The judgment was a collective decision of the bench.