1957 (7) TMI 30 - HC - VAT and Sales Tax

Summary

Issues:
Petition under Article 226 challenging Sales Tax Authorities' order on payment for gunny bags supplied to Government.

Analysis:
The petitioner acted as an agent for the Government in purchasing paddy and rice, including the responsibility for storage and transport. The agreement did not specify payment for gunny bags or sales tax. Sales Tax Authorities claimed a separate sale transaction for gunny bags supplied, demanding sales tax and penalty. The main issue was whether sales tax was payable on the cost of gunny bags supplied under the agency agreement. The Contract Act implied authority for agents to conduct necessary business activities. The relationship between the petitioner and the Government was that of principal and agent, covering the purchase of gunny bags essential for storing foodgrains. The absence of a distinct jural relationship in the agreement indicated the petitioner's entitlement to reimbursement for expenses incurred.

The Sales Tax Department cited precedents on liability for sales tax on containers used for commodity supply. Cases like Varasuki and Co. v. The Province of Madras and Nizam Sugar Factory Ltd. v. Commissioner of Sales Tax were distinguished due to the absence of a principal-agent relationship. Contrary decisions, such as A.S. Krishna and Co., Ltd. v. The State of Andhra, involved liability for sales tax on packing materials despite no buyer-seller relationship for the main commodity. The fundamental distinction in the present case was the primary agent-principal relationship for foodgrain supply, making the supply of gunny bags ancillary and necessary, thereby negating a separate buyer-seller relationship.

The judgment allowed the petition, setting aside the Sales Tax Authorities' order on levying sales tax for gunny bags supplied. The penalty for failure to register as a dealer was also overturned, with the petitioner awarded costs and a hearing fee. Judge Das concurred with the decision, ultimately allowing the petition.