1962 (4) TMI 75 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether sales of food and drink by the Integral Coach Factory Canteen to its workers are liable to sales tax under the Madras General Sales Tax Act, 1959.

Analysis:
The judgment revolves around the issue of whether the sales of food and drink by the Integral Coach Factory Canteen to its workers are subject to sales tax under the Madras General Sales Tax Act, 1959. The petitioner argued that the canteen, by providing food and drink to the factory workers, is fulfilling a statutory obligation and not engaging in the business of selling goods. The canteen was established as per the provisions of Section 46 of the Factories Act, 1946, which mandates factories with over 250 workers to provide and maintain a canteen. The rules framed by the State Government required the canteen to operate on a non-profit basis, with prices subject to approval and a portion of the running cost subsidized by the factory. The contention was that due to the absence of a profit motive and the statutory obligation, the canteen should not be considered a "dealer" under the Act.

The court delved into the statutory definitions under the Madras General Sales Tax Act, 1959, emphasizing that to qualify as a dealer, one must conduct the business of buying and selling goods for profit. The judgment highlighted the case of Sree Meenakshi Mills Ltd. v. State of Madras, where it was established that the motive to make profits is integral to being classified as a dealer. Additionally, the case of The Trustees of the Port of Madras v. State of Madras was referenced, affirming that sales made under a statutory obligation without a profit motive are not taxable. The court emphasized that a profit motive is essential to define an activity as a "business" under the Act. It was clarified that even though actual profit accrual is not mandatory under the current Act, a profit motive remains a key factor in determining business activities.

The judgment distinguished the case of Madras Electricity Department Canteen v. State of Madras, where the canteen was not obligated to operate on a non-profit basis, unlike the Integral Coach Factory Canteen. The court concluded that the canteen, operating solely for the benefit of the factory workers without a profit motive, does not meet the criteria to be classified as a dealer under the Act. Consequently, the provisional assessment was quashed, and the petitions were allowed, with no costs imposed. The ruling affirmed that the sales by the canteen were not subject to sales tax under the Madras General Sales Tax Act, 1959, due to the absence of a profit motive and the statutory nature of the canteen's operations.