1963 (8) TMI 36 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the purchases made by the petitioners from Bombay dealers should be included in their taxable turnover under the Madras General Sales Tax Act.
2. Whether the turnover relating to the sale of yarn to dealers in places outside the Madras State should be taxed as inter-State sales under the Act.

Analysis:
Issue 1:
The petitioners contended that the purchases made from Bombay dealers should not be included in their taxable turnover as they were inter-State purchases exempt from sales tax under the State law. The Tribunal held that the purchases were intra-State and within the scope of the Act. The Tribunal's view that the break of movement of goods at Tuticorin Port and the change of means of transport impaired the exemption claimed on the basis of inter-State transactions was deemed unsound by the Court. The Court emphasized that in an inter-State sale, the movement of goods from one state to another under the contract of sale is crucial, regardless of the means of transport or stages involved. The contracts between the parties clearly indicated that delivery was to be made only at Koilpatti, thus establishing the inter-State nature of the transactions. Therefore, the Court held that the purchases of cotton from Bombay dealers were genuinely inter-State and not liable to tax under the State law.

Issue 2:
Regarding the turnover relating to the sale of yarn, the petitioners claimed that these were inter-State sales to dealers outside the Madras State. The Tribunal, after detailed examination, concluded that there was insufficient evidence to prove the inter-State character of these sales. The only evidence provided by the petitioners was a register called the bale order register. The Court agreed with the Tribunal's inference drawn from the entries in the register, indicating that deliveries were likely made at Koilpatti itself and not at the buyers' locations outside the State. As a result, the Court confirmed the Tribunal's decision that the turnover from the sale of yarn did not represent inter-State sales and should be taxed under the Act.

Final Decision:
The Court ruled in favor of the petitioners concerning the turnover from the purchase of cotton from Bombay dealers, deleting it from their assessment. However, the Court upheld the Tribunal's decision regarding the sale of yarn, confirming that it did not qualify as inter-State sales. In a related case, the Court set aside the Tribunal's decision on another turnover of cotton purchases, holding that it did constitute inter-State purchases. Overall, the Court ordered no costs in both petitions.