1972 (2) TMI 69 - HC - VAT and Sales Tax

Issues Involved:
1. Whether sugar candy is exempted from the West Bengal Sales Tax Act, 1954, by virtue of the notification dated 3rd March, 1958.
2. Whether sugar candy falls within the definition of any of the notified commodities taxable under the West Bengal Sales Tax Act, 1954, as per the notification dated 6th February, 1967.
3. Whether the imposition of sales tax at 5% on sugar candy is ultra vires the powers of the State Government in view of section 15 of the Central Sales Tax Act.

Issue-wise Detailed Analysis:

1. Exemption of Sugar Candy under Notification Dated 3rd March, 1958:
The petitioner argued that the term "sugar" in the notification dated 3rd March, 1958, includes sugar candy, thereby exempting it from the sales tax under the West Bengal Sales Tax Act, 1954. The court examined the statutory provisions and the definition of "sugar" under the Central Excises and Salt Act, 1944, which includes any form of sugar with more than 90% sucrose content. The court noted that sugar candy, as produced by the petitioner, fits this definition. The notification aimed to exempt sugar, as defined by the Central Excises and Salt Act, 1944, from sales tax to enable the State to share in the additional excise duties imposed on sugar under the Additional Duties of Excise (Goods of Special Importance) Act, 1957. Thus, the court concluded that the term "sugar" in the notification dated 3rd March, 1958, includes sugar candy, exempting it from sales tax under the 1954 Act.

2. Inclusion of Sugar Candy in Notified Commodities under Notification Dated 6th February, 1967:
The respondents contended that sugar candy falls under "hard-boiled sugar confectioneries" as per the notification dated 6th February, 1967. The court analyzed the term "confectionery" and concluded that it implies a mixture of ingredients, not pure sugar in different forms. The court held that sugar candy, made purely from sugar with 90% sucrose content, does not qualify as "hard-boiled sugar confectionery." Therefore, sugar candy is not covered by the commodities specified in the notification dated 6th February, 1967, and is not subject to sales tax under the West Bengal Sales Tax Act, 1954.

3. Imposition of Sales Tax at 5% on Sugar Candy:
The petitioner argued that the notification dated 6th February, 1967, imposing a 5% sales tax on sugar candy is ultra vires the State Government's powers under section 15 of the Central Sales Tax Act, which limits the tax rate on sugar. The court noted that if sugar candy is considered sugar, it is exempt from sales tax under the notification dated 3rd March, 1958. Thus, the issue of the tax rate does not arise. However, the court acknowledged that if the notification did impose sales tax on sugar candy at 5%, it would violate section 15 of the Central Sales Tax Act.

Relief Granted:
The court declared that sugar candy, as manufactured by the petitioner, is exempt from sales tax under both the Bengal Finance (Sales Tax) Act, 1941, and the West Bengal Sales Tax Act, 1954, as long as it meets the definition of sugar under the Additional Duties Act, 1957, and the notification dated 3rd March, 1958, remains in force. The court issued a writ of mandamus directing the respondents not to enforce the sales tax acts on the petitioner's sugar candy and not to enforce any orders or assessments made for the period from 30th November, 1960, to 31st March, 1966. The petitioner was awarded costs, with the hearing fee assessed at five gold mohurs.

Conclusion:
The court ruled in favor of the petitioner, confirming that sugar candy is exempt from sales tax under the relevant notifications and statutes, and directed the respondents to cease any tax enforcement actions against the petitioner's sugar candy business.

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