1966 (4) TMI 67 - HC - VAT and Sales Tax

Issues Involved:
1. Assessability under the Bengal Finance (Sales Tax) Act, 1941 for sales made under government sanction for export.
2. Whether sales to shipping agents constituted sales in the course of export under the Bengal Finance (Sales Tax) Act, 1941 and Article 286(1)(b) of the Constitution.
3. Exemption from taxes under section 5(2)(a)(ii) of the Bengal Finance (Sales Tax) Act for sales to registered dealers.
4. Legality of the Board of Revenue not allowing the new stand taken by the petitioner.
5. Taxability of sales to Bengal Nagpur Railway under the Bengal Finance (Sales Tax) Act.

Detailed Analysis:

Issue 1: Assessability under the Bengal Finance (Sales Tax) Act, 1941
The court examined whether the sales in question, made under the sanction and direction of the Deputy Coal Controller for export purposes, were assessable under the Bengal Finance (Sales Tax) Act, 1941. The court noted that the assessee had not previously contended that the transactions did not constitute a "sale" under the Act. However, based on the Supreme Court's decision in New India Sugar Mills v. Commissioner of Sales Tax, the court held that the transactions did not amount to a "sale" as defined in the Act since the Government of India controlled the output and disposal of coal, and the assessee had no option to sell the coal to any other party. Thus, the transactions were not taxable as sales under the Act.

Issue 2: Sales in the Course of Export
The court addressed whether the sales to shipping agents were in the course of export and thus exempt under Article 286(1)(b) of the Constitution. The court referred to the Supreme Court's interpretation that a sale in the course of export must occasion the export. The facts showed that the Government of India directed the assessee to deliver coal to shipping agents for export, and the coal was indeed exported. The court concluded that the sale was integrally connected with the export and could not be dissociated from it. Therefore, the sales were exempt from taxation as they occurred in the course of export.

Issue 3: Exemption under Section 5(2)(a)(ii) of the Act
The assessee contended that the sales to shipping agents, who were registered dealers, should be exempt under section 5(2)(a)(ii) of the Act. The court rejected this contention, stating that the shipping agents were mere nominees of the Government of India, and there was no transaction of sale between the assessee and the shipping agents. Thus, the sales did not qualify for exemption under this section.

Issue 4: Legality of Board's Decision
The court found that since the contention under issue 3 was rejected, the question regarding the legality of the Board of Revenue not allowing the new stand taken by the petitioner was also to be answered against the assessee.

Issue 5: Taxability of Sales to Bengal Nagpur Railway
The court examined whether the sales to the Bengal Nagpur Railway, where coal was loaded in Bihar but delivered in West Bengal, were taxable under the Act. The court referred to the explanation in section 2(g) of the Act, which states that a sale is deemed to have taken place in West Bengal if the goods are delivered there for consumption. The court held that the delivery to the railway in West Bengal constituted actual delivery for consumption, thus making the sales taxable under the Act.

Conclusion:
- Question (a): The sales were not taxable as they did not constitute a "sale" under the Act.
- Question (b): The sales were in the course of export and thus exempt from taxation.
- Question (c): The sales to shipping agents were not exempt under section 5(2)(a)(ii).
- Question (d): The Board of Revenue was justified in not allowing the new stand.
- Question (e): The sales to Bengal Nagpur Railway were taxable under the Act.

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