2005 (4) TMI 289 - SC - VAT and Sales Tax

SALE PRICE PETROLEUM PRODUCTS OIL REFINERY DIFFERENCE BETWEEN EX-FACTORY PRICE AND RETENTION PRICE RECEIVED FROM OIL POOL ACCOUNT

Summary

Issues:
Interpretation of sales tax on retention price fixed by Oil Co-ordination Committee.

Analysis:
The Supreme Court heard appeals against the High Court's judgment regarding the levy of sales tax on the retention price fixed by the Oil Co-ordination Committee. The High Court had ruled that sales tax is applicable on the price agreed upon between the buyer and the seller, even if the price is controlled by the government. It was held that the retention price, considered as compensation or subsidy, does not form part of the sale price and is therefore not subject to taxes. This decision was supported by a previous Supreme Court ruling in Neyveli Lignite Corporation Ltd. v. Commercial Tax Officer, where a similar stance was taken regarding subsidies not forming part of the sale price.

The appellants tried to distinguish the present case from the Neyveli Lignite Corporation Ltd. judgment by arguing that the subsidy in that case was unrelated to actual sales, unlike the retention price here, which is based on actual sales. However, the Supreme Court found no distinction, stating that the retention price still qualifies as compensation or subsidy since the government restricts the company from selling above the fixed price. Consequently, the principles established in the Neyveli Lignite Corporation Ltd. case were deemed applicable to the current situation.

Ultimately, the Supreme Court upheld the High Court's judgment, finding no errors or reasons to intervene. As a result, the civil appeals were dismissed, and no costs were awarded.