1951 (9) TMI 35 - HC - VAT and Sales Tax

Issues Involved:
1. Inclusion of a sum recovered as "sales tax" in the taxable turnover.
2. Exclusion of sales to unregistered or late-registered dealers from the taxable turnover.
3. Assessment of sales executed on orders received prior to the commencement of the Sales Tax Act.
4. Inclusion of amounts received from a commission agent in the taxable turnover.

Issue-wise Detailed Analysis:

1. Inclusion of a Sum Recovered as "Sales Tax" in the Taxable Turnover:
The applicant objected to the inclusion of Rs. 487-2-9, recovered from buyers as "sales tax," in the taxable turnover, arguing that the Act did not provide for a "tax on tax." This contention had already been rejected in a previous decision (Ballabhdas v. The State), and thus, this ground was not pressed further and was dismissed.

2. Exclusion of Sales to Unregistered or Late-registered Dealers from the Taxable Turnover:
The applicant sought exclusion of Rs. 6,979-0-9 (Jabalpur) and Rs. 1,955-6-0 (Damoh) from the taxable turnover, claiming these were sales to registered dealers or those likely to register soon. The assessment period was unique due to the transitional provisions of the Act. The Assessing Officer found that most vendees were either not registered or applied late for registration, except for Rs. 1,435-12-0 relating to the Damoh shop, which should have been excluded as the sales were to a registered dealer. The Board upheld the Assessing Officer's view that sales to unregistered dealers, even during the transitional period, should not be excluded from the taxable turnover, rejecting the applicant's contention.

3. Assessment of Sales Executed on Orders Received Prior to the Commencement of the Sales Tax Act:
The applicant argued that Rs. 80,047-2-3, representing sales on orders received before the Act commenced, should be exempt under the proviso to Section 4(1). The Board clarified that "contract" under the proviso referred to specific types of work contracts (construction, installation, repair) and not general sales agreements. The applicant's argument that property in goods passed to buyers upon weighing and appropriation was also rejected, as the facts indicated no unconditional appropriation or buyer's assent. The Board concluded that these sales were executed after the Act commenced and were rightly taxed.

4. Inclusion of Amounts Received from a Commission Agent in the Taxable Turnover:
The applicant included Rs. 1,87,182-11-6 received from Ganesh Export and Import Co. in the gross turnover but claimed it should be deducted as it represented goods sent outside the province. The nature of the transactions was described as goods sent on a commission basis, with the agent selling the goods and remitting the proceeds. The Assessing Officer and Sales Tax Commissioner considered this a transfer of property for deferred payment, thus a sale. However, the Board found that the transactions were under "pakki adat" (principal-to-principal basis), with no prior sale contract within the province. The sale occurred in Calcutta, and thus, these amounts were exempt from assessment under the Act.

Conclusion:
The application was partly allowed. The amount of Rs. 1,435-12-0 and Rs. 1,87,182-11-6 were excluded from the taxable turnover. The other grounds were rejected, maintaining the original assessment for those parts.

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