1974 (7) TMI 112 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of boarding house under Bengal Finance (Sales Tax) Act, 1941.

Analysis:
The judgment involves a challenge against an assessment order passed by the respondent on a petitioner operating a boarding house. The petitioner's contention was that the boarding house charges are consolidated and payable strictly in advance, covering meals and lodging. The assessment split the rental charges between boarding and meals, leading to an assessment against the petitioner. The court referred to a Supreme Court decision regarding a similar case involving a hotel business, where the court held that the transaction between a hotelier and a guest primarily involves service, with meals being part of the amenities provided. The Supreme Court emphasized that the transaction cannot be split into charges for lodging and charges for food. Applying this principle, the High Court found that the assessment against the boarding house was not in accordance with the law. Consequently, the court set aside the assessment order and the appellate order, ruling in favor of the petitioner.

The High Court highlighted that the transaction between a hotelier and a resident-visitor is primarily for lodging, with meals being an essential amenity provided during the stay. The court emphasized that when meals are served as part of the amenities, it does not constitute a separate sale of food. The court noted that if there is one inclusive bill without separate rates for meals, it cannot be split up since there is no agreement between the parties regarding meal charges. The court reiterated the Supreme Court's stance that the transaction is essentially a service, and splitting it into charges for lodging and food is not permissible under the law. The court examined an admission form to the boarding house, which confirmed that the charge for staying included meal charges, even if the boarder did not consume the meal. Based on this analysis and the legal precedent set by the Supreme Court, the High Court concluded that the assessment was incorrect and set it aside, ruling in favor of the petitioner.

In conclusion, the judgment delves into the assessment of a boarding house under the Bengal Finance (Sales Tax) Act, 1941, drawing parallels from a Supreme Court decision involving a hotel business. The court emphasized that the transaction between a lodging provider and a guest primarily involves service, with meals being part of the amenities provided. The court rejected the assessment splitting charges for lodging and meals, asserting that the transaction cannot be divided in the absence of agreed-upon meal rates. Ultimately, the High Court set aside the assessment order and the appellate order, ruling in favor of the petitioner and allowing the petition.