1966 (10) TMI 138 - HC - VAT and Sales Tax

Summary

Issues:
1. Bar on proceeding under section 10A for an offence under section 10(d) due to earlier proceeding under section 10(b).
2. Interpretation of section 10(d) of the Central Sales Tax Act, 1956 regarding the purpose of goods purchased.
3. Impact of a change in intention after processing goods by a registered dealer.
4. Sale of motion pictures after exhibition under licenses as normal sales in the industry.
5. Consideration of time limit and reasonable excuse for using goods as per the Central Sales Tax Act, 1956.

Analysis:

1. The court dismissed the contention that a proceeding under section 10A for an offence under section 10(d) is barred by an earlier proceeding under section 10(b). The court emphasized that the gist of the offences under these sections differs, and the facts constituting each offence are distinct. Therefore, the court held that there is no legal impediment to the ongoing proceedings.

2. The judgment highlighted a discrepancy in the wording between the Act and the Rules, and the certificate of registration and the charge delivered to the petitioner regarding the purpose of goods purchased. The court raised the question of whether the use of raw films for making motion pictures can be considered as processing for sale. This discrepancy required further consideration.

3. The court considered the impact of a change in intention after processing goods by a registered dealer. It was noted that there was no finding in the case regarding whether the processing of raw films by the petitioner was initially intended for sale. This aspect needed clarification and evaluation.

4. The judgment addressed the argument that the eventual sale of motion pictures by the petitioner, after permitting their exhibition under licenses, constituted normal sales in the industry. This submission was acknowledged, emphasizing the need for a comprehensive evaluation of the circumstances.

5. The court referred to Shrivastava's commentary on the Central Sales Tax Act, 1956, regarding the time limit and reasonable excuses for using goods purchased. The commentary highlighted that goods can be used for purposes other than initially intended, and business expediencies should be considered. This commentary provided guidance for interpreting the provisions of the Act.

In conclusion, the court quashed the orders under review and directed a fresh disposal of the matter in accordance with the law. The judgment emphasized the need for a thorough reconsideration before imposing any penalty on the petitioner, ensuring that the authority reaches a conclusion independently.