2007 (11) TMI 396 - SC - VAT and Sales Tax

Whether the sale was within the State or the sale was inter- State? Held that - Appeal dismissed. The goods which were triggered from Rourkela and sold to the subsidiaries of the CIL through the appellant s consignment agents were essentially meant to be sold to the subsidiaries of the CIL and the movements of goods primarily triggered from Rourkela and were sent to the subsidiaries of the CIL amounted to inter-State sale and the view taken by the Division Bench of the Orissa High Court is correct.

Summary

Issues Involved:
1. Whether the order placed by CIL amounted to a sale triggered by the CIL order or was an agreement to sell.
2. Whether the transactions constituted inter-State sales under Section 3(a) of the CST Act.
3. Whether the actual sales were triggered by the indents placed by the collieries and were intra-State sales subject to levy of tax under the law of that State.

Issue-wise Detailed Analysis:

1. Nature of the Order by CIL:
The core issue was to determine whether the order placed by Coal India Limited (CIL) on September 24, 1976, was a purchase order or merely an agreement to sell. The order specified quantities, prices, and other terms for supplying explosives and detonators to various collieries. The court examined the nature of this order and concluded that it was indeed a purchase order. The order mandated that all collieries of CIL were obligated to purchase the specified quantities of explosives from the appellant through their consignment agents. The court emphasized that the transit insurance and freight were borne by CIL, and the quantities were fixed, indicating a firm purchase order rather than a mere agreement to sell.

2. Inter-State vs. Intra-State Sales:
The appellant contended that the dispatches from its factory at Rourkela to consignment agents in various states were stock transfers and not liable to tax under the Central Sales Tax Act. However, the court found that the movement of goods from Rourkela was occasioned by the purchase order from CIL. The court referred to the principle that if the movement of goods is occasioned by a contract of sale, it constitutes an inter-State sale. The court cited the case of South India Viscose Ltd. v. State of Tamil Nadu, where it was held that the inter-position of an agent does not alter the inter-State character of the sale if the movement of goods is occasioned by the contract of sale.

3. Triggering of Actual Sales by Indents:
The appellant argued that the actual sales were triggered by the indents placed by the collieries with their consignment agents, making them intra-State sales. However, the court concluded that the indents were merely a follow-up action to the purchase order dated September 24, 1976. The collieries were bound to purchase the goods as per the terms specified in the purchase order, and the movement of goods from Rourkela was in pursuance of this order. The court held that there was no independent contract between the subsidiaries of CIL and the appellant, and the entire transaction was an inter-State sale.

Conclusion:
The court upheld the Division Bench of the Orissa High Court's decision, affirming that the supplies made by the appellant to the collieries of CIL were inter-State sales. The court directed the authorities to assess the tax on supplies made to the subsidiaries of CIL as inter-State sales and to determine the quantity of goods supplied to other undertakings separately. The appeal was dismissed with no order as to costs.