1978 (3) TMI 185 - HC - VAT and Sales Tax

Summary

Issues:
1. Nature of the transaction of sale - InterState sales or not

Analysis:
The judgment by the Kerala High Court, delivered by Gopalan Nambiyar, C.J., and Chandrasekhara Menon, T., pertains to tax revision cases for the assessment years 1968-69, 1969-70, and 1970-71. The central issue revolves around determining whether the transactions in question qualify as interState sales. The assessee, engaged in manufacturing packing cases, operates with a head office in Thalore, Kerala State, and a branch office in Madras. The Tribunal found that the movement of goods from Kerala to Madras was occasioned by the sale, indicating an interState nature. The assessee sought to distinguish a prior Division Bench judgment, arguing that the goods were dispatched to the branch office in Madras, not directly to the buyer, aligning with a scenario described by the Supreme Court. However, the Court disagreed, considering the Madras branch as an agent of the buyer based on the facts presented, supported by a later Supreme Court decision in English Electric Company of India Ltd. v. Deputy Commercial Tax Officer. The Court affirmed the Tribunal's decision, dismissing the tax revision cases.

The judgment also references a prior Division Bench decision in Packwell Packing Cases v. The State of Kerala, which addressed similar issues regarding the nature of transactions for sales tax assessment. The petitioner in that case argued against the transactions being interState sales, preferring assessment under State law. The Tribunal, based on the facts presented, concluded that the movement of goods from Kerala to Madras was occasioned by the contract of sale, thus qualifying as an interState sale under the Central Sales Tax Act. The judgment dismissed the revision cases related to different assessment years, aligning with the decision in the current case.

In both cases, the Courts analyzed the facts and circumstances surrounding the transactions to determine whether the movement of goods was directly linked to the contract of sale, emphasizing the interState nature of the sales based on established legal principles and prior judicial decisions. The judgments highlight the importance of the contractual relationship, the role of branch offices, and the concept of goods movement in establishing the interState character of the sales for tax assessment purposes.