1967 (2) TMI 88 - HC - VAT and Sales Tax

Summary

Issues:
1. Levy of purchase tax on ground-nuts under Punjab General Sales Tax Act, 1948.
2. Liability created by levying a penalty under section 10(6) of the Act.

Analysis:
1. The first issue pertains to the imposition of purchase tax on ground-nuts under the Punjab General Sales Tax Act, 1948. The petitioner, a partnership firm engaged in crushing oil-seeds, contested the levy of purchase tax on ground-nuts, arguing that they are not oil-seeds as defined in Schedule C of the Act. The Assessing Authority deemed ground-nuts as oil-seeds, but the petitioner relied on a Madhya Pradesh High Court decision to challenge this classification. The court noted that if ground-nuts are not considered oil-seeds, the basis for the assessment would be invalid, rendering the levy unjustified.

2. The second issue concerns the imposition of a penalty under section 10(6) of the Act. The petitioner contested the penalty of Rs. 15,000 imposed for non-compliance. The court examined the legality of the penalty in light of a notification from 1954 that had been declared invalid by a Division Bench of the Court in a previous case. The court highlighted that the notification was not in compliance with constitutional requirements, as it lacked the President's assent as mandated by Article 286(3). Subsequently, a rectifying notification was issued in 1965 after obtaining the necessary assent. The court emphasized that the penalty could not be sustained due to the underlying unlawful impositions of purchase tax and sales tax on edible oils. Therefore, the court set aside the penalty and the impugned orders of the Assessing Authority, ruling in favor of the petitioner.

In conclusion, the court allowed both writ petitions, declaring the impositions of purchase tax and penalty as unlawful. The petitioner was awarded costs, and the impugned orders were overturned.