1971 (12) TMI 103 - HC - VAT and Sales Tax

Summary

Issues Involved:

1. Levy of Purchase Tax on Cotton
2. Definition and Taxability of Cotton Seeds
3. Discrimination in Section 2(d) of the Punjab General Sales Tax Act
4. Method of Assessment and Deduction Eligibility

Comprehensive, Issue-wise Detailed Analysis:

1. Levy of Purchase Tax on Cotton:

The primary issue revolves around the levy of purchase tax on cotton under the Punjab General Sales Tax Act. The petitioner, a private company, contested the tax imposed on the purchase of unginned cotton. The Supreme Court in *Bhawani Cotton Mills Ltd. v. The State of Punjab and Another* held that the provisions of the Punjab General Sales Tax Act, 1948, levying purchase tax on declared goods contravened the Central Sales Tax Act, 1956, as the stage of tax was not definite. Consequently, the Punjab Government amended the Act to levy tax at the last purchase stage. The petitioner argued that it was not the last purchaser, as it sold ginned cotton to registered dealers. The court concluded that the petitioner was not liable for purchase tax on cotton sold to registered dealers, as it was not the last purchaser.

2. Definition and Taxability of Cotton Seeds:

The court examined whether cotton seeds, a by-product of ginning, were subject to purchase tax. The Supreme Court in *State of Punjab and Others v. Chandu Lal Kishori Lal* held that cotton seeds are distinct from cotton and not subject to the same tax provisions. The court reaffirmed this, stating that cotton seeds are a different commodity and cannot be taxed as cotton. The recent Supreme Court decision in *State of Punjab v. Shakti Cotton Company* further clarified that cotton seeds are not declared goods and should not be taxed as part of the cotton turnover.

3. Discrimination in Section 2(d) of the Punjab General Sales Tax Act:

The petitioner argued that Section 2(d) of the Act was discriminatory, as it imposed tax on goods delivered for consumption in Punjab but exempted those not delivered for consumption in the state. The court rejected this argument, stating that the two classes of dealers are distinct, and the differentiation has a reasonable nexus to the business of the dealers. The court found no constitutional infirmity in Section 2(d).

4. Method of Assessment and Deduction Eligibility:

The court scrutinized the method of assessment adopted by the assessing authority. The petitioner had claimed deductions for the sale of ginned cotton under Section 5(2)(a)(vi) of the Act. The Supreme Court in *State of Punjab and Others v. Chandu Lal Kishori Lal* held that ginned and unginned cotton are a single commodity and should not be taxed more than once. The court found that the assessing authority erred in including the purchase of cotton in the turnover when the petitioner was not the last purchaser. The court quashed the assessment orders and directed fresh assessments in accordance with the amended Act and Supreme Court rulings.

Conclusion:

The court dismissed the appeals by the State of Punjab and allowed the petition, quashing the impugned assessment orders. The assessing authorities were directed to make fresh assessments in line with the Act's provisions and the court's observations. The court left the parties to bear their own costs.