1974 (4) TMI 80 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the supply and distribution of fertilizers by the Food Corporation of India to the State Government constitutes a "sale" for sales tax liability under the Kerala General Sales Tax Act.
2. The legality of the levy of sales tax on the turnover related to the disposal of damaged food grains by the Food Corporation of India.

Analysis:

1. The judgment addressed the question of whether the supply and distribution of fertilizers by the Food Corporation of India to the State Government constituted a "sale" for sales tax liability. The court examined the statutory framework governing the distribution of fertilizers, emphasizing that the Food Corporation acted as an agent of the Central Government. The court referred to the definition of a "dealer" under the Act and explained that the Food Corporation qualified as a dealer based on the statutory provisions. The court held that the distribution of fertilizers involved a consensual contractual agreement between the Food Corporation and the State Government, meeting the criteria of a sale. The court distinguished this case from precedents where statutory compulsion negated the elements of a contract, ultimately upholding the Tribunal's decision that the turnover was subject to sales tax.

2. The judgment also considered the levy of sales tax on the turnover related to the sale of damaged food grains by the Food Corporation of India. The court rejected the petitioner's argument that the sales tax was not applicable to the turnover from damaged food grains. It noted that the sale occurred in the regular course of business and found no valid reason to exempt the turnover from taxation. Consequently, the court confirmed the Tribunal's decision on this issue as well.

In conclusion, the court dismissed the four tax revision cases filed by the Food Corporation of India, upholding the Tribunal's orders. The judgment clarified the legal status of the transactions involving the supply and distribution of fertilizers and the sale of damaged food grains, affirming the applicability of sales tax in both scenarios.