1975 (1) TMI 64 - HC - VAT and Sales Tax

Issues Involved:
1. Nature of the contracts: whether they are indivisible or divisible.
2. Taxability of the contracts under the Bombay Sales Tax Act, 1959.
3. Classification of the contracts as works contracts or sales contracts.
4. Relevance of artistic skill and labour in the production of films.

Issue-Wise Detailed Analysis:

1. Nature of the Contracts: Indivisible or Divisible
The primary issue was whether the contracts for producing and supplying advertisement films were indivisible or divisible. The Sales Tax Officer and the Assistant Commissioner of Sales Tax held that the contracts were indivisible and constituted sales. However, the Tribunal found that the contracts were divisible into two parts: one for the production of processed films (works contract) and the other for the supply of prints (sales contract). The High Court agreed with the Tribunal, noting that the contracts clearly stipulated separate costs for production, language versions, and supply of prints, thereby affirming the divisibility of the contracts.

2. Taxability of the Contracts Under the Bombay Sales Tax Act, 1959
The High Court examined whether the contracts were liable to sales tax under the Bombay Sales Tax Act, 1959. The Tribunal had held that only the supply of prints was taxable, not the production of processed films. The High Court upheld this view, stating that the production of films involved significant artistic skill and labour, distinguishing it from mere sale of goods. The Court reframed the question to clarify that the contracts were divisible and that the production part was not taxable.

3. Classification of the Contracts as Works Contracts or Sales Contracts
The Court analyzed whether the contracts for producing films were works contracts or sales contracts. The Tribunal classified the production of films as works contracts, which are not taxable, while the supply of prints was considered a sale of goods and thus taxable. The High Court supported this classification, emphasizing the artistic and technical skills involved in film production, akin to a photographer's work rather than a printer's job.

4. Relevance of Artistic Skill and Labour in the Production of Films
The High Court extensively discussed the role of artistic skill and labour in film production. It compared the process to that of a photographer, requiring significant artistic and technical skills. The Court rejected the argument that film production was mechanical, noting the involvement of various skilled professionals such as directors, actors, cameramen, and technicians. The Court cited previous judgments, including "Camera House, Bombay v. State of Maharashtra" and "Commissioner of Sales Tax v. Patel India Pvt. Ltd.," to support its view that film production is a work of art and not merely the creation of a chattel for sale.

Conclusion
The High Court concluded that the contracts in question were divisible into two parts: the production of processed films (works contract) and the supply of prints (sales contract). It held that the production of films, involving significant artistic skill and labour, was not taxable under the Bombay Sales Tax Act, 1959, while the supply of prints was taxable. The Court answered the reframed question in the affirmative and awarded costs to the respondents.

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