1972 (11) TMI 82 - HC - VAT and Sales Tax

Summary

Issues:
- Interpretation of the term "dealer" under the Rajasthan Sales Tax Act, 1954.
- Whether a building contractor is considered a "dealer" under the Act.
- Comparison of relevant provisions of the Madhya Pradesh General Sales Tax Act and the Rajasthan Sales Tax Act.
- Determination of liability for purchase tax under section 5A of the Rajasthan Sales Tax Act.

Interpretation of the term "dealer" under the Rajasthan Sales Tax Act, 1954:
The case involved a partnership firm registered under the Indian Partnership Act, contesting its classification as a "dealer" under section 2(f) of the Rajasthan Sales Tax Act. The firm, a building contractor, argued that it did not engage in the business of buying material and thus should not be considered a dealer. The court examined various precedents cited by both parties, emphasizing the definition of a dealer as someone engaged in buying, selling, supplying, or distributing goods for consideration. The court noted the similarity between the relevant provisions of the Madhya Pradesh General Sales Tax Act and the Rajasthan Sales Tax Act in defining a dealer.

Building Contractor as a "Dealer" under the Act:
Drawing parallels with a similar case decided by the Supreme Court involving a building contractor, the court analyzed whether the petitioner in this case could be classified as a dealer. The court highlighted the importance of the profit motive in determining dealer status, emphasizing that buying goods for personal consumption without a profit motive does not qualify one as a dealer. The court referenced the Supreme Court's decision affirming the classification of a building contractor as a dealer, based on the purchase and consumption of goods in the course of business.

Comparison of Relevant Provisions:
The court compared section 2(b) of the Madhya Pradesh General Sales Tax Act with section 2(f) of the Rajasthan Sales Tax Act, noting their identical definitions of a dealer. Additionally, the court examined the similarities between section 7 of the Madhya Pradesh Act and section 5A of the Rajasthan Act, both concerning the levy of purchase tax on goods consumed in the course of business. The court emphasized the consistency in the statutory provisions relevant to determining dealer status and liability for purchase tax.

Liability for Purchase Tax under Section 5A:
Addressing the distinction raised by the petitioner's counsel regarding registration status, the court clarified that registration does not alter the fundamental criteria for determining dealer status under the Act. The court affirmed that the petitioner, as a building contractor purchasing materials for construction contracts, falls within the definition of a dealer under the Rajasthan Sales Tax Act. The court upheld the Board of Revenue's direction to exclude goods on which sales tax had already been paid from the turnover for determining liability under section 5A.

Conclusion:
The court answered the reference question in the affirmative, concluding that the petitioner is indeed a dealer under the Rajasthan Sales Tax Act. The judgment highlighted the direct authority of the Supreme Court in similar cases and emphasized the applicability of statutory provisions in determining dealer status and liability for purchase tax. No costs were awarded in the case.