2006 (10) TMI 276 - HC - VAT and Sales Tax

Additional Excise Duty - Objects and reasons - Interpretation of tax statute - Legislative intention - Silk Fabrics

Summary

Issues Involved:
1. Constitutional validity of various notifications levying local sales tax on silk fabrics in Delhi.
2. Legislative competence of the Delhi Government to levy local sales tax on silk fabrics.
3. Interconnectedness of the Central Sales Tax Act (CST), Central Excises and Salt Act (CE Act), and Additional Duties of Excise (Goods of Special Importance) Act (ADE Act).
4. Applicability of restrictions under Section 15 of the CST Act on the levy of local sales tax on silk fabrics.
5. Validity of specific notifications dated 31-3-1999, 15-1-2000, and 31-3-2000 imposing different rates of local sales tax on silk fabrics.

Detailed Analysis:

1. Constitutional Validity of Notifications:
The writ petitions challenged the constitutional validity of three notifications issued by the GNCTD:
- Notification dated 31-3-1999 levying 3% sales tax on silk fabrics.
- Notifications dated 15-1-2000 inserting silk fabrics into the First Schedule of the DST Act and increasing the tax rate to 12%.
- Notification dated 31-3-2000 moving silk fabrics to the Second Schedule and reducing the tax rate to 4%.

2. Legislative Competence:
The court noted that the legislative assembly of the NCTD had the competence to levy local sales tax on silk fabrics. The removal of silk fabrics from Section 14 of the CST Act in 1968 allowed states to levy sales tax on silk fabrics without the restriction of the 4% cap under Section 15 of the CST Act.

3. Interconnectedness of CST, CE, and ADE Acts:
The court examined the interrelationship between the CST Act, CE Act, and ADE Act. It was observed that:
- From 1961 to 1968, silk fabrics were "declared goods" under Section 14 of the CST Act, limiting local sales tax to 4%.
- The ADE Act was enacted to compensate states for revenue loss due to the 4% cap on local sales tax for declared goods.
- Silk fabrics continued in the ADE Act with a 'Nil' rate of duty from 1965, meaning states did not receive compensation for these goods.
- The removal of silk fabrics from Section 14 CST Act in 1968 allowed states to levy higher local sales tax rates.

4. Applicability of Section 15 CST Act:
The court determined that the restriction under Section 15 CST Act did not apply to silk fabrics after their removal from Section 14 CST Act in 1968. Therefore, the local sales tax on silk fabrics could exceed 4%.

5. Validity of Specific Notifications:
- The notification dated 31-3-1999 levying 3% sales tax was upheld as it did not exceed the 4% cap.
- The notifications dated 15-1-2000 levying 12% sales tax were challenged but ultimately upheld. The court found that the legislative competence allowed for such a levy, and the ADE Act's 'Nil' duty rate did not restrict the state's power to impose local sales tax.
- The notification dated 31-3-2000 reducing the tax rate to 4% was also upheld as it complied with the legislative framework.

Conclusion:
The writ petitions were dismissed, and the court upheld the validity of the impugned notifications. The court concluded that the legislative assembly of the NCTD had the competence to levy local sales tax on silk fabrics, and the restrictions under Section 15 CST Act did not apply post-1968. The notifications levying different rates of local sales tax on silk fabrics were found to be valid.