1974 (1) TMI 104 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the supply of photographs to customers on payment constitutes a sale liable to sales tax under the Orissa Sales Tax Act.

Analysis:
The judgment involves a dispute over the liability of sales tax on the turnover related to the sale of printed copies of photographs to customers by a photographer. The Additional Sales Tax Tribunal referred the question to the High Court for determination. The assessee contended that the payments received for the sale of photographs were remuneration for skill and labor, while the assessing officer viewed it as a supply of finished goods. The court considered various precedents from different High Courts to analyze the nature of such transactions.

The court noted the conflicting judicial opinions on the taxability of transactions involving photographers supplying printed copies of photographs to customers. The Madhya Pradesh High Court and the Patna High Court held that such transactions are liable to sales tax, emphasizing the supply of finished goods over skilled services. On the other hand, the Bombay High Court classified photographer transactions into three groups and differed from the earlier decisions, while the Madras High Court approved the taxability of such transactions.

The court emphasized that the taxability of the transaction depends on whether it is a contract for the sale of finished goods or a composite contract for supply and labor. If the price for supply and labor is separately indicated, only the price for the supply of material would be taxable. In this case, the court assumed that the photographer's transactions were akin to a composite contract for the sale of printed copies of photographs.

Ultimately, the court agreed with the view that the substance of the contract between the photographer and the customer is the supply of finished goods, making it liable to sales tax. The court concurred with the reasoning of the Patna High Court and other supporting authorities, concluding that the supply of photographs to customers on payment constitutes a sale exigible to sales tax under the Orissa Sales Tax Act. The judgment was delivered unanimously by the judges, upholding the decision of the Additional Sales Tax Tribunal.