1963 (8) TMI 32 - HC - VAT and Sales Tax

Summary

Issues:
Assessment under the General Sales Tax Act, 1125 for sales in Fort Cochin prior to 1st October, 1957. Assessment under the Madras General Sales Tax Act, 1939 for sales in Fort Cochin from 1st April, 1957, to 30th September, 1957. Application of the States Reorganisation Act, 1956 on the extension of laws to different territories. Recalculation of the assessee's liability for sales on Willingdon Island and in Calicut.

Analysis:
The judgment concerns the petitioner, The Malayalam Plantations Limited, and its liability for sales tax during the financial year 1957-58. The sales in question were conducted through auction in Fort Cochin, involving tea stored on Willingdon Island. The court referred to the decision in A.V. Thomas & Co., Ltd. v. Deputy Commissioner of Agricultural Income-tax and Sales Tax, Trivandrum, stating that these sales should be considered as having taken place in Fort Cochin.

The assessment was carried out under the General Sales Tax Act, 1125, which came into effect in Fort Cochin on 1st October, 1957, due to the Travancore-Cochin General Sales Tax (Amendment) Act, 1957. The court emphasized that the liability for sales tax is determined based on the date of the sale. Therefore, sales from 1st October, 1957, to 31st March, 1958, fall under the jurisdiction of the General Sales Tax Act, 1125, and are deemed justified.

However, a different scenario arises for sales conducted between 1st April, 1957, and 30th September, 1957. During this period, the applicable sales tax law in Fort Cochin was the Madras General Sales Tax Act, 1939. Consequently, any assessment under the General Sales Tax Act, 1125, for this period was deemed inappropriate and unsustainable by the court.

The judgment delves into the application of the States Reorganisation Act, 1956, which impacted the extension of laws to various territories. The court highlighted Section 119 of the Act, emphasizing that the enactment of the Act did not automatically extend existing laws to all parts of the State. Drawing on the interpretation in Bh. Satyanarayanamurthi v. Income-tax Appellate Tribunal, the court concluded that the petitioner is not liable for sales tax on transactions in Fort Cochin before 1st October, 1957, under the General Sales Tax Act, 1125.

Furthermore, the court directed a reevaluation of the petitioner's liability concerning sales of tea stored on Willingdon Island and sold in Calicut. The Tax Revision Case (T.R.C.) was allowed, and the department was instructed to recalculate the petitioner's liability based on the court's findings. No costs were awarded in this matter.