1956 (6) TMI 8 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether sales tax can be levied on services rendered by petitioners as purchasing agents for the Government of India.
2. Whether sales tax can be levied on goods sold to the Railway administration.

Analysis:
1. The first issue in this case pertains to whether sales tax can be imposed on the services provided by the petitioners as purchasing agents for the Government of India. The petitioners argued that they were merely acting as purchasing agents and not as dealers, receiving a commission of 1% for their services. The court examined various documents, including correspondence with the Director-General of Industries and Supplies, which indicated that the petitioners were acting on behalf of the government in importing tin from China. The court noted that the petitioners' remuneration of 1% of the c.i.f. value supported their claim as purchasing agents. The court distinguished the case cited by the Government Pleader, emphasizing that the petitioners were not selling agents but purchasing agents. Consequently, the court held that the petitioners were acting solely as purchasing agents for the Government of India, and thus, sales tax was not applicable to their services.

2. The second issue raised was whether sales tax could be imposed on goods sold to the Railway administration. The petitioners contended that even though the contract was with the Director-General of Supplies, the goods were delivered to various Railway administrations, and payments were made from railway accounts. The court found that the form of the contract was immaterial as long as it was demonstrated that the goods were actually delivered to the railways for their consumption. Given that sales to Railway administrations were exempt from sales tax at the relevant time, the court accepted the petitioners' argument. Consequently, the court allowed the petition in favor of the petitioners, ruling that sales tax could not be imposed on the goods sold to the Railway administration.