1979 (11) TMI 228 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Applicability of Section 7-A of the Tamil Nadu General Sales Tax Act.
2. Interpretation of Section 7-A in light of previous judicial decisions.
3. Taxability of goods that have already suffered tax under Section 3(2).
4. The role of the Supreme Court's interpretation of Section 7-A.
5. The impact of the Government Order (G.O. Ms. No. 486) on the interpretation of Section 7-A.
6. Verification of the turnover amount for tax purposes.

Detailed Analysis:

1. Applicability of Section 7-A of the Tamil Nadu General Sales Tax Act:
The primary issue was whether the assessee, a large dealer in jewellery, was liable for purchase tax under Section 7-A of the Tamil Nadu General Sales Tax Act for the assessment year 1969-70. The assessing officer had subjected an estimated turnover of Rs. 5,00,000 to tax at 3% under Section 7-A, which was later contested by the assessee.

2. Interpretation of Section 7-A in light of previous judicial decisions:
Section 7-A provides for the levy of purchase tax under specific circumstances. The provision was interpreted by the High Court in M.K. Kandaswami v. State of Tamil Nadu, which was later reviewed by the Supreme Court. The Supreme Court held that Section 7-A is a separate charging provision and not subject to Section 3(2). The interpretation clarified that Section 7-A applies to taxable goods that have not suffered tax due to specific circumstances outlined in the section.

3. Taxability of goods that have already suffered tax under Section 3(2):
The assessee argued that the goods in question had already suffered tax at the time of their initial sale and could not be taxed again under Section 7-A. The Court, however, found that Section 7-A is a separate charging provision and is not subject to the single-point levy under Section 3(2). The Supreme Court had previously emphasized that Section 7-A creates a liability on the purchase turnover for goods that have not suffered tax under Sections 3, 4, or 5 due to specific circumstances.

4. The role of the Supreme Court's interpretation of Section 7-A:
The Supreme Court's interpretation in State of Tamil Nadu v. M.K. Kandaswami was pivotal. The Court held that Section 7-A is a standalone charging section and not subject to Section 3. This interpretation was binding and clarified that the provision aims to tax goods that have escaped taxation under the usual provisions due to specific circumstances.

5. The impact of the Government Order (G.O. Ms. No. 486) on the interpretation of Section 7-A:
The assessee referred to a Government Order (G.O. Ms. No. 486) which stated that if tax had been paid at the first sale, subsequent sales would not attract tax under Section 7-A. However, the Court held that the Supreme Court's interpretation takes precedence over the Government Order. The G.O. reflected an understanding prior to the Supreme Court's decision and could not override the judicial interpretation.

6. Verification of the turnover amount for tax purposes:
The assessee contended that the estimated turnover of Rs. 5,00,000 was incorrect and that the actual purchases amounted to Rs. 4,27,981.25. The Court directed the Board to verify the assessee's figures and adjust the tax liability accordingly.

Conclusion:
The appeal was dismissed, affirming the applicability of Section 7-A as a separate charging provision. The Court emphasized that the interpretation by the Supreme Court is binding and overrides any conflicting Government Orders. The Board was directed to verify the actual turnover amount for accurate tax assessment. There was no order as to costs.