1964 (10) TMI 74 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Liability under the Punjab General Sales Tax Act, 1948.
2. Liability under the Central Sales Tax Act, 1956.
3. Nature of the transaction: whether it constitutes a sale in the course of export.

Detailed Analysis:

1. Liability under the Punjab General Sales Tax Act, 1948:
The petitioner, New Rajasthan Mineral Syndicate, contended that no sales tax was leviable under the Punjab General Sales Tax Act as the entire ore was exported out of the State. The Assessing Authority accepted this contention and ruled that no sales tax was applicable under the Punjab General Sales Tax Act.

2. Liability under the Central Sales Tax Act, 1956:
The petitioner argued that they were not liable under the Central Sales Tax Act for inter-State sales tax, as per section 6 read with section 8, claiming exemption under section 5(1) of the Central Sales Tax Act and Article 286 of the Constitution of India. The Assessing Authority rejected this contention, stating that the petitioner was liable under the Central Sales Tax Act. The petitioner did not appeal this decision, believing it futile due to the higher authorities' involvement in the decision-making process.

3. Nature of the Transaction:
The primary issue was whether the transaction constituted a sale in the course of export. The petitioner extracted iron ore and supplied it to the State Trading Corporation (STC) for export to Japan and other countries. The STC appointed Messrs Shri Narayan & Co. as brokers, who facilitated the export process. The agreements indicated that the petitioner was responsible for the quality and quantity of the ore until delivery to the foreign buyers, with the STC acting merely as a facilitator.

The court examined the relevant documents, including the agreement dated April 1, 1957, and a letter from Messrs Shri Narayan & Co., and concluded that the transaction was indeed a sale in the course of export. The court referenced multiple Supreme Court decisions, emphasizing that a sale in the course of export involves integrated activities that cannot be dissociated from the export process. The court found that the petitioner had an obligation to export, and the sale occasioned the export, thus qualifying for exemption under Article 286 of the Constitution and section 5 of the Central Sales Tax Act.

The court rejected the State's argument that the sale was to Messrs Narayan & Co., noting that the property in the goods never passed to the brokers or the STC. The court also dismissed the technical objection that the nature of the transaction was a question of fact, asserting that it was a pure question of law based on clear facts.

The court concluded that the Assessing Authority's decision was flawed due to a misunderstanding of the transaction's nature. Consequently, the court quashed the Assessing Authority's order, ruling in favor of the petitioner, and declared that no inter-State sales tax was leviable under the Central Sales Tax Act.

Conclusion:
The court allowed the petition, quashing the Assessing Authority's order and ruling that the petitioner was not liable for inter-State sales tax under the Central Sales Tax Act. The court emphasized the integrated nature of the transaction, which constituted a sale in the course of export, thereby qualifying for exemption under Article 286 of the Constitution and section 5 of the Central Sales Tax Act. No costs were awarded due to the complex nature of the issue.