1962 (12) TMI 37 - HC - VAT and Sales Tax

Issues Involved:
1. Validity of the Amending Act No. IX of 1958.
2. Competence of the State Legislature to levy sales tax on potatoes.
3. Requirement of the President's prior sanction for the Amending Bill.
4. Alleged contravention of Article 301 of the Constitution.
5. Authority of the Magistrate to issue a warrant for recovery of tax.

Issue-wise Detailed Analysis:

1. Validity of the Amending Act No. IX of 1958:
The petitioner contended that the Amending Act No. IX of 1958, which amended section 5 of the Mysore Sales Tax Act, 1957, was unconstitutional as it was introduced without the prior sanction of the President, as required by the proviso to Article 304(b) of the Constitution. The State argued that the levy of sales tax was not a direct and immediate restriction on the freedom of trade and thus did not require the President's sanction. The court noted that the Mysore Sales Tax Act, 1957, had received the President's assent, and the amendment merely reduced the tax rate from 2% to 1% on potatoes, thus not imposing any new restriction.

2. Competence of the State Legislature to levy sales tax on potatoes:
The petitioner argued that the State Legislature was not competent to levy sales tax on potatoes under Entry 33(b) of List III, which deals with trade and commerce in foodstuffs. The court rejected this argument, stating that Entry 54 of List II, which pertains to taxes on the sale or purchase of goods, including potatoes, was applicable. The court clarified that Entry 33 of List III relates to general legislation on trade and commerce in foodstuffs, while Entry 54 of List II specifically pertains to taxation on the sale of goods.

3. Requirement of the President's prior sanction for the Amending Bill:
The petitioner asserted that the Amending Bill required the President's prior sanction under the proviso to Article 304(b) of the Constitution. The court examined the scope of Article 304(b) and concluded that the amendment did not impose any direct or immediate restriction on the freedom of trade, commerce, or intercourse. The court cited various Supreme Court decisions to support its view that only restrictions that directly and immediately impede trade fall under Article 304(b). Since the amendment reduced the tax rate, it did not require the President's prior sanction.

4. Alleged contravention of Article 301 of the Constitution:
The petitioner claimed that the amendment violated Article 301, which guarantees the freedom of trade, commerce, and intercourse throughout India. The court referred to several Supreme Court judgments to interpret the scope of Article 301. It concluded that the amendment did not impose any direct or immediate restriction on trade but rather reduced the tax burden. Therefore, it did not contravene Article 301.

5. Authority of the Magistrate to issue a warrant for recovery of tax:
The petitioner argued that the Magistrate was not competent to issue a warrant for tax recovery as Article 265 prohibits the collection of any tax except by authority of law. The court noted that the Mysore Sales Tax Act, 1957, had validly enacted provisions for tax recovery, and the Magistrate acted within his authority under section 13(3)(b) of the Act. The court upheld the Magistrate's decision to issue warrants for the recovery of the tax arrears.

Conclusion:
The court dismissed the petitions, holding that:
1. The Amending Act No. IX of 1958 was valid.
2. The State Legislature was competent to levy sales tax on potatoes.
3. The Amending Bill did not require the President's prior sanction.
4. The amendment did not contravene Article 301 of the Constitution.
5. The Magistrate had the authority to issue warrants for tax recovery.

Petitions dismissed with costs.

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