1961 (3) TMI 81 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of Orissa Sales Tax Act post-repeal of second proviso to section 2(g) - Taxation of inter-State sales - Application of Article 286(1)(a) of the Constitution of India - Assessment of sales for quarters ending on 30th September, 1950, and 31st March, 1950 - Exemption from taxation - Interpretation of Explanation to sub-clause (a) of Article 286(1)(a) - Evidence of actual consumption in outside States - Application of Supreme Court ruling in India Copper Corporation Ltd. v. The State of Bihar and Others [1961] 12 S.T.C. 56.

Analysis:
The case involved the interpretation of the Orissa Sales Tax Act post the repeal of the second proviso to section 2(g) and the taxation of inter-State sales. The assessee, a registered dealer under the Act, purchased cocoanuts in Orissa and sold them to dealers outside Orissa. The Sales Tax Officer taxed these sales as within Orissa, but the Tribunal disagreed, stating that post the repeal, there was no provision for taxing inter-State sales. The Tribunal, however, failed to consider the applicability of Article 286(1)(a) of the Constitution of India.

The Assistant Collector, while discussing Article 286(1)(a), noted that for sales outside the State, actual consumption in the outside State needed to be proven. However, the Supreme Court's ruling in India Copper Corporation Ltd. v. The State of Bihar and Others clarified that it is sufficient for the assessee to prove the goods were intended for consumption outside the State, without the need to prove actual consumption. In this case, evidence showed the goods were delivered to outside States for consumption, aligning with the Supreme Court's interpretation.

The Court found the Tribunal's failure to consider this aspect rendered the reference question academic. The Court refused to answer the question, as the law was clear that the goods were intended for consumption outside the State, and actual consumption did not need to be proven. The reference was discharged, with no order for costs. The judgment highlights the importance of correctly applying legal provisions and precedents in tax assessments involving inter-State sales.