1977 (7) TMI 110 - HC - VAT and Sales Tax

Summary

Issues:
- Whether the defendant is liable to pay sales tax as claimed by the plaintiff.

Analysis:
The case involved a dispute between the Tamil Nadu Electricity Board (defendant) and Messrs. Larsen and Toubro Ltd. (plaintiff) regarding the payment of sales tax on a contract for the supply of materials and erection of a cooling tower. The plaintiff filed a suit seeking reimbursement of sales tax paid amounting to Rs. 29,058.53, plus interest. The Assistant Judge, City Civil Court, ruled in favor of the plaintiff, holding that the defendant was liable to pay the sales tax. The defendant appealed this decision.

The contract between the parties contained clauses specifying that sales tax for materials, excluding certain components, would be reimbursed by the defendant on production of certified documents showing actual payment to the government. The defendant argued that the phrase "if applicable" in the contract indicated that reimbursement was contingent on the actual applicability of sales tax. However, the court noted that the plaintiff had paid the tax as assessed by the sales tax authorities, and the defendant had agreed to pay sales tax on materials supplied. The court emphasized that the contract distinguished between supply of materials and works contract, indicating the defendant's liability to pay sales tax on materials.

The court rejected the defendant's argument that the contract was a works contract exempt from sales tax, emphasizing that the terms of the contract clearly indicated the defendant's obligation to reimburse sales tax on materials supplied. The court also highlighted the importance of avoiding parallel proceedings on tax liability, stating that such disputes should be resolved through the hierarchy of tax authorities rather than civil courts. Ultimately, the court upheld the lower court's decision, dismissing the appeal and ordering the defendant to pay costs.

In conclusion, the judgment affirmed the lower court's ruling that the defendant was liable to pay sales tax as claimed by the plaintiff based on the terms of the contract and the payment of tax by the plaintiff. The court emphasized the clarity of the contract provisions regarding sales tax reimbursement and rejected the defendant's argument that the contract constituted a works contract exempt from sales tax.