1962 (7) TMI 33 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of section 8(2) of the Central Sales Tax Act, 1956.
2. Applicability of section 15 of the Act in relation to declared goods.
3. Comparison of decisions between Mysore High Court and Madras High Court regarding the interpretation of the provisions.

Detailed Analysis:
1. The primary issue in this case was the interpretation of section 8(2) of the Central Sales Tax Act, 1956, governing inter-State transactions. The Court referred to a previous decision where it was held that only transactions taxable under the State law could be taxed under section 8(2). Since only purchase transactions were taxable under the State law, sale transactions were not covered by section 8(2) in that case. The Court reaffirmed this interpretation, emphasizing that the section applies only to transactions that could have been taxed under the State law.

2. The Court also addressed the contention regarding the applicability of section 15 of the Act, which primarily deals with levying tax on declared goods. It was clarified that section 15 operates in a different field from section 8, focusing on goods intended for sale in inter-State trade or commerce. The Court highlighted that section 8 pertains to taxing sales in inter-State transactions, while section 15 deals with declared goods not covered by section 8. Therefore, the harmonious interpretation argued by the Government Pleader was deemed unnecessary.

3. Lastly, the Court compared its interpretation with two decisions from the Madras High Court cited by the Government Pleader. While one decision was deemed irrelevant, the Court analyzed the observations in the second decision. The Madras decision suggested that liability under the Central sales tax is independent of liability under the local sales tax law. However, the Court upheld its previous decision, emphasizing that the interpretation in the Mysore High Court's judgment was binding. Consequently, the petition was allowed, setting aside the Tribunal's order, with no costs awarded.

In conclusion, the judgment clarified the interpretation of section 8(2) of the Central Sales Tax Act, distinguished the application of section 15 in relation to declared goods, and upheld the Mysore High Court's decision over conflicting interpretations from the Madras High Court.