1965 (8) TMI 73 - HC - VAT and Sales Tax

Summary

Issues:
Assessability to tax of inter-State sales of copra under the Central Sales Tax Act, 1956.

Detailed Analysis:
The judgment addressed the issue of assessability to tax of inter-State sales of copra under the Central Sales Tax Act, 1956. It was noted that the tax under this Act can only be levied in the same manner as the tax on sales of copra under the General Sales Tax Act, 1125. The notification dated April 1, 1958, under the General Sales Tax Act, 1125, was deemed irrelevant based on previous court decisions. The main question was whether there was a liability to tax under section 3 of the General Sales Tax Act, 1125. The court affirmed the existence of such liability, specifying the tax rates applicable to different goods, including copra.

Furthermore, the judgment highlighted the significance of Section 14 of the Central Sales Tax Act, 1956, which deals with goods of special importance in inter-State trade. It was pointed out that copra falls under the category of oil-seeds, as defined in the Act, and therefore, Section 15 of the Central Act becomes applicable. Section 15 imposes restrictions and conditions on the imposition of tax on declared goods in inter-State trade, emphasizing that the liability to tax arises only under specific circumstances, such as when the sales are the only sales or the first in a series of sales.

In conclusion, the court set aside the impugned orders to allow for a reconsideration of the assessments in accordance with the relevant provisions of the General Sales Tax Act, 1125, and the Central Sales Tax Act, 1956. The Sales Tax Officer was directed to review the matter afresh, with guidance available from the Supreme Court decision in State of Mysore v. Lakshminarasimhiah Setty and Sons. The appeals were disposed of without costs.