1962 (6) TMI 44 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether transactions of supplying food-grains and grocery to laborers by a firm of planters constitute sales taxable under the Madras General Sales Tax Act, 1959.

Analysis:
The petitioner, a firm of planters owning cardamom estates, supplied food-grains and grocery to laborers without intending to make a profit, adjusting the sale price against the wages. The Commercial Tax Officer initially accepted that these transactions were not taxable. However, the Board of Revenue later held that such transactions fell under the definition of "business" and "sale" in the Act, making them liable to tax. The petitioner contended that the transactions were not in the course of business as they were not intended for profit, relying on precedents like Gannon Dunkerley v. State of Madras and Sree Meenakshi Mills Ltd. The Madras General Sales Tax Act, 1959, defines "business" inclusively but does not require actual profit accrual for an activity to be considered a business. The court held that the petitioner's transactions did not constitute business under the Act and were not taxable, following the legal position established in previous cases.

2. Whether a writ of prohibition should be issued against further proceedings by the respondents.

Analysis:
The Additional Government Pleader argued that the facts of the case were not settled, and hence a writ of prohibition should not be issued. However, the court found that there was no real controversy about the facts, as they had been determined in a previous order by the Commercial Tax Officer. The petitioner affirmed that the same practice continued in subsequent years without any profit motive. Consequently, the court allowed the petition for a writ of prohibition, making the rule nisi absolute, with no order as to costs.