9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1964 (6) TMI 44 - HC - VAT and Sales Tax
Issues:
Assessment of sales tax on copra transactions for the year 1959-60 under the General Sales Tax Act, 1125. Validity of General Sales Tax (Validation) Ordinance, 1964 and General Sales Tax (Validation) Act, 1964 in amending the General Sales Tax Act, 1125. Analysis: The petitioner was assessed for sales tax on copra transactions for the year 1959-60 under the General Sales Tax Act, 1125. A previous court decision highlighted issues with the wording of the Act post an amendment in 1958, affecting the assessment of turnover related to the last purchase of copra. Subsequently, to address this impact, the General Sales Tax (Validation) Ordinance, 1964, and General Sales Tax (Validation) Act, 1964, were introduced. The Validation Act aimed to validate taxes assessed on purchases made between 1958 and 1963. However, a crucial contention arose regarding the absence of the General Sales Tax Act, 1125, as it was repealed by the Kerala General Sales Tax Act, 1963, before the promulgation of the Ordinance and Act in question. The repealing of the General Sales Tax Act, 1125, by the Kerala General Sales Tax Act, 1963, raised the question of the effectiveness of the Validation Ordinance and Act. The repealing provision emphasized that the repeal would not affect previous operations or acquired rights under the old Act. However, the court noted that the Validation Ordinance and Act did not impact the previous operation of the General Sales Tax Act, 1125, concerning the petitioner's copra transactions. The absence of a parent Act on which the amendment could operate rendered the Validation Ordinance and Act ineffective for amending the original Act, leading to the allowance of the petitioner's claim regarding the tax on copra transactions. In conclusion, the court held that the General Sales Tax (Validation) Ordinance, 1964, and the General Sales Tax (Validation) Act, 1964, were ineffective in amending the General Sales Tax Act, 1125, due to its prior repeal. As a result, the petitioner's claim regarding the tax on copra transactions was allowed, emphasizing the lack of a legal foundation for the amendments introduced by the Validation Ordinance and Act.
|
