1973 (11) TMI 63 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Applicability of section 8(2A) of the Central Sales Tax Act, 1956, read with section 5(2)(a)(iv) of the Punjab General Sales Tax Act, 1948, to the sales in question.
2. Interpretation of "exempt from tax generally" under section 8(2A) of the Central Sales Tax Act.
3. Whether the sales in question were made under specified circumstances or conditions.

Issue-wise Detailed Analysis:

1. Applicability of Section 8(2A) of the Central Sales Tax Act, 1956, Read with Section 5(2)(a)(iv) of the Punjab General Sales Tax Act, 1948:
The court examined whether the sales of electricity poles and cables to State electricity undertakings and the Delhi Electric Supply Undertaking were exempt from inter-State sales tax under section 8(2A) of the Central Sales Tax Act, 1956, read with section 5(2)(a)(iv) of the Punjab General Sales Tax Act, 1948. The Tribunal had previously accepted the assessees' contention that these sales were not liable to inter-State sales tax, but the High Court disagreed. The court determined that section 8(2A) of the Central Act applies to exemptions under both sections 5 and 6 of the State Act, as both sections deal with goods exempt from sales tax.

2. Interpretation of "Exempt from Tax Generally" Under Section 8(2A) of the Central Sales Tax Act:
The court analyzed the meaning of "exempt from tax generally" within the context of section 8(2A) of the Central Act. The explanation to this section clarifies that an exemption is not considered general if it is granted under specified circumstances or conditions. The court concluded that the sales in question were subject to specific conditions and circumstances, as outlined in section 5(2)(a)(iv) of the State Act. This section specifies that sales to an undertaking supplying electrical energy under a license or sanction, and for use in the generation or distribution of such energy, are exempt. Therefore, the exemption was not general but conditional.

3. Whether the Sales in Question Were Made Under Specified Circumstances or Conditions:
The court found that the sales of electricity poles and cables were indeed made under specified circumstances and conditions. The specified circumstances were that the sales were to an undertaking supplying electrical energy under a license or sanction, and the specified condition was that the goods purchased must be used for the generation or distribution of electrical energy. The court referenced similar cases, such as Commissioner of Sales Tax, Madhya Pradesh v. Kapoor Dori Niwar & Co., and M.A. Abbas and Co. v. State of Madras, to support its conclusion that the exemption was not general due to these specified conditions.

Conclusion:
The court concluded that the Tribunal had erred in its interpretation of section 8(2A) of the Central Sales Tax Act. The sales in question were not exempt from inter-State sales tax because they were made under specified circumstances and conditions, as per section 5(2)(a)(iv) of the Punjab General Sales Tax Act. Therefore, the court answered the questions referred to it in the negative, in favor of the department and against the assessees. The parties were directed to bear their own costs.