1976 (9) TMI 150 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of turnover of groundnut for tax liability under A.P. General Sales Tax Act - Determination of tax liability for groundnut purchased by miller and dealer - Compliance with remand order - Exemption on sales to purchasing millers - Legal duty of Commercial Tax Officer to follow directions given by superior tribunal.

Analysis:
The petitioner was assessed for tax on the turnover of groundnut by the Commercial Tax Officer, contending that the entire turnover was taxable. The petitioner argued that being both a miller and a dealer, only the portion of groundnut actually crushed should be taxed, not the portion intended for sale. The Assistant Commissioner allowed the appeal, instructing the Commercial Tax Officer to verify if purchasing millers paid tax and exempt sales accordingly. However, the Commercial Tax Officer disregarded the directions, leading to an appeal by the petitioner.

The Assistant Commissioner dismissed the appeal, citing precedents that millers are liable to tax on purchases, regardless of the end use. The petitioner challenged the assessment, alleging non-compliance with the remand order and incorrect taxation of the entire turnover. The court upheld both contentions, emphasizing the duty of the Commercial Tax Officer to follow superior tribunal directives.

Referring to Supreme Court decisions, the court clarified that the tax liability arises from the act of purchasing groundnut, not the subsequent use. The court distinguished cases where purchases were intended for resale, exempting them from tax. The court quashed the assessment orders and directed a reassessment in line with the remand order, emphasizing adherence to directives and proper determination of taxable turnover.

In conclusion, the court allowed the petition, directing the Commercial Tax Officer to reassess the tax liability based on the observations made, ensuring compliance with the remand order. The judgment highlights the importance of following superior tribunal directions and accurately determining tax liability based on the nature of purchases and sales.