1968 (3) TMI 93 - HC - VAT and Sales Tax

Summary

Issues:
1. Applicability of Explanation to section 4(2) of the Central Sales Tax Act only to inside sales and not to inter-State sales.
2. Validity of one 'C' Form submitted by the assessee under the Central Sales Tax Act.

Analysis:
The judgment pertains to a reference under section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, involving questions of law referred by the Tribunal at the instance of the Commissioner of Sales Tax, Madhya Pradesh. The first issue raised was whether the Explanation to section 4(2) of the Central Sales Tax Act is applicable only to inside sales and not to inter-State sales. The second issue was regarding the validity of one 'C' Form submitted by the assessee under the Central Sales Tax Act. The assessee, a dealer in tendu leaves, was assessed to pay tax at 7 per cent. on a turnover from sales of tendu leaves to a dealer in Andhra Pradesh. The assessing authority declined to assess the turnover at 1 per cent. under the Central Sales Tax Act, citing the invalidity of the 'C' Form. The Tribunal accepted the assessee's contention of a single transaction and upheld the validity of the 'C' Form. The Tribunal also disagreed on the applicability of the Explanation to section 4(2) of the Central Sales Tax Act to inter-State transactions, stating it only applied to inside sales.

The Court analyzed the provisions of the Central Sales Tax Act, emphasizing the requirement for a dealer to furnish a declaration in Form 'C' to qualify for the lower rate of tax in inter-State sales. It was noted that the assessee had indeed submitted the requisite declaration in Form 'C' as prescribed under the Rules framed by the Central Government. The liability to pay tax at a higher rate was based on the alleged breach of a proviso to a specific rule. The Court referred to a Supreme Court decision questioning the validity of a similar rule, emphasizing that such restrictions could only be imposed by the Central Government under the Act.

Based on the analysis, the Court declared the proviso to the rule in question as unenforceable, thereby holding the 'C' Form submitted by the assessee as valid. The Court concluded that the turnover was taxable at the lower rate of 1 per cent. under the Central Sales Tax Act. Consequently, the second question regarding the validity of the 'C' Form was answered in the affirmative, making the first question academic and declined to answer it. The Court awarded costs to the assessee and concluded the reference accordingly.