1980 (12) TMI 164 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether excise duty paid by the assessee is liable to be included in the taxable turnover.
2. Whether the assessee is entitled to the concessional rate of tax on the turnover relating to the sale of naphtha.

Analysis:
1. The first issue revolved around whether the excise duty paid by the assessee on petroleum products purchased from the Indian Oil Corporation should be included in the taxable turnover. The assessing authority included the excise duty in the turnover, but the Deputy Commissioner ruled in favor of the assessee, citing the Supreme Court decision in McDowell & Co. Ltd. v. Commercial Tax Officer. The High Court concurred, stating that the excise duty paid directly to the Central excise department by the assessee, as the owner of the goods, cannot be considered part of the purchase turnover. The Court emphasized that the duty payment was on the assessee's account, in discharge of statutory liability, and not part of the purchase price.

2. The second issue pertained to the eligibility of the assessee for the concessional tax rate on the sale of naphtha. The appellate authority and the Tribunal had ruled in favor of the assessee, allowing the concessional rate based on declarations from purchasing dealers. The High Court referred to a previous decision in Deputy Commissioner of Sales Tax v. Bharat Refineries Ltd., where it was held that the assessee selling naphtha to a manufacturer of chemical fertilizers, and furnishing required declarations, is entitled to the concessional rate. The Court upheld the Tribunal's decision, stating that the use of naphtha as fuel for producing hydrogen, ultimately used in manufacturing fertilizers, still qualified for the concessional rate.

In conclusion, the High Court dismissed the revision petition, upholding both decisions of the Tribunal regarding the excise duty and the concessional tax rate. The Court declined the request for a certificate to appeal to the Supreme Court, as the issues were deemed adequately addressed by existing legal precedents.