1961 (10) TMI 67 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Specification of goods in the certificate of registration under Section 7(3) of the Central Sales Tax Act, 1956.
2. Validity of Sections 7 and 8 of the Central Sales Tax Act, 1956.
3. Interpretation of "goods intended for use in mining" under Section 8(3)(b) and Rule 13.

Issue-wise Detailed Analysis:

1. Specification of goods in the certificate of registration under Section 7(3) of the Central Sales Tax Act, 1956:

The petitioner, a joint stock limited liability private company engaged in coal mining and trading, applied for registration as a dealer under Section 7 of the Central Sales Tax Act, 1956. Initially, the registration certificate specified goods such as "explosives, lubricants, fuel, timber, machinery, colliery stores, etc." for use in coal production. The petitioner sought to amend the certificate to include additional goods, which was partly granted. However, the Sales Tax Officer rejected the inclusion of items like iron and steel, medicines, insecticides, welding sticks, sanitary fittings, motor-trucks, spare parts, furniture, and stationery. The petitioner contended that these goods were required "for the purpose of manufacture and mining of coal" and should be specified in the certificate.

2. Validity of Sections 7 and 8 of the Central Sales Tax Act, 1956:

The petitioner argued that Sections 7 and 8(3) of the Act were discriminatory and violative of the Constitution, particularly Articles 19(1)(f) and (g) and Article 301. The Court dismissed this contention, stating that the petitioner could not challenge the validity of these provisions while seeking relief under them. The Court emphasized that a person seeking relief under a statutory provision must accept its validity. Additionally, since no sales tax assessment had been made against the petitioner, the Court found it unnecessary to consider the constitutional validity of Sections 7 and 8.

3. Interpretation of "goods intended for use in mining" under Section 8(3)(b) and Rule 13:

The Court examined whether the goods in question fell within the class specified in Section 8(3)(b) and Rule 13. The petitioner argued that items like motor-trucks, stationery, furniture, medicines, insecticides, etc., were necessary for coal mining operations and should be included in the registration certificate. The Court rejected this argument, stating that these goods were not intended for use "in mining" but rather "on mines." The Court clarified that "in mining" refers to the process of extracting coal from the ground and bringing it to the surface in a disposable form. Goods used in administrative functions or for transporting coal from the surface to other locations do not qualify as goods used "in mining."

The Court noted that while welding sticks could be considered necessary for mining operations, the petitioner had not pressed this claim before the Commissioner of Sales Tax. Regarding iron and steel, the Court agreed with the Commissioner that the petitioner needed to specify the particular goods required for mining.

Conclusion:

The petition was dismissed with costs. The Court held that the goods specified by the petitioner, such as motor-trucks, furniture, stationery, spare parts, sanitary fittings, medicines, and insecticides, did not qualify as goods intended for use in mining under Section 8(3)(b) and Rule 13. The petitioner's challenge to the validity of Sections 7 and 8 of the Central Sales Tax Act, 1956, was also rejected. The outstanding amount of security deposit, after deduction of costs, was ordered to be refunded to the petitioner.