1955 (9) TMI 49 - HC - VAT and Sales Tax

Summary

Issues Involved:

1. Whether the petitioner could be illegally taxed under the Bihar Sales Tax Act, 1947.
2. Whether the petitioner was under any liability to pay tax under the Bihar Sales Tax Act merely for acting as a middleman between the seller and the purchaser.
3. Whether the petitioner could be illegally taxed under the Bihar Sales Tax Act on the transactions effected with his help between the collieries and customers, and in which transactions the petitioner transferred no goods or property in the goods.
4. Whether the sales tax could be legally levied twice on the same transactions.

Issue-wise Detailed Analysis:

1. Whether the petitioner could be illegally taxed under the Bihar Sales Tax Act, 1947:

The petitioner, Messrs. Karamchand Thapar & Bros., was assessed to sales tax by the Sales Tax Officer for four quarters based on a gross taxable turnover. The petitioner disputed the legality of the imposition, asserting that they did not deal in coal but acted as middlemen between collieries and customers. The Sales Tax Officer overruled their objections and made the assessment. Subsequent appeals to the Assistant Commissioner of Commercial Taxes and the Commissioner of Sales Tax were dismissed. The Board of Revenue also rejected the petitions but noted that any double payment of tax should be refunded.

2. Whether the petitioner was under any liability to pay tax under the Bihar Sales Tax Act merely for acting as a middleman between the seller and the purchaser:

The petitioner contended that they were not dealers in coal but merely facilitated transactions between collieries and buyers, earning commissions. The Sales Tax Authorities assumed that the petitioner was a dealer based on their registration and the submission of returns, which the petitioner argued was forced upon them. The High Court directed the Board of Revenue to state a case on whether the petitioner was a dealer and whether the transactions constituted sales under the Act.

3. Whether the petitioner could be illegally taxed under the Bihar Sales Tax Act on the transactions effected with his help between the collieries and customers, and in which transactions the petitioner transferred no goods or property in the goods:

The High Court examined whether the petitioner was a dealer within the meaning of section 2(c) of the Bihar Sales Tax Act and whether the transactions were sales under section 2(g). The Court noted that being a dealer alone is insufficient for tax liability; the transactions must also constitute sales involving the transfer of property in goods. The Court found no legal evidence that the petitioner transferred property in goods, and thus, the imposition of sales tax was without basis and illegal.

4. Whether the sales tax could be legally levied twice on the same transactions:

The petitioner argued that the collieries had already paid tax, and imposing tax on them amounted to double taxation, prohibited by section 8 of the Act. The Court found no evidence to support the claim that the collieries had paid the tax. Therefore, the argument of double taxation was overruled.

Conclusion:

The High Court concluded that the petitioner was not a dealer within the meaning of section 2(c) of the Bihar Sales Tax Act, and the transactions did not constitute sales under section 2(g). Consequently, the petitioner was not liable to be taxed on these transactions. The Court ordered that the petitioner be entitled to costs, with a hearing fee of Rs. 200. The reference was answered accordingly.