1981 (3) TMI 228 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of section 41(2) of the Bombay Sales Tax Act, 1959 in conjunction with the notification issued under section 41(1) regarding the enforceability of tax provisions based on declarations in form T for purchase of dyes and chemicals.

Analysis:
The respondents, registered dealers under the Bombay Sales Tax Act, were certified to manufacture cotton fabrics under a specific entry in the notification issued by the State of Maharashtra. They purchased dyes and chemicals with declarations in form T, stating the items were for use in manufacturing cotton fabrics for sale. However, they used the purchased materials for manufacturing cotton fabrics for themselves and others. The assessing authorities levied tax under section 41(2) for contravening the declarations in form T. The Maharashtra Sales Tax Tribunal overturned the assessment, deeming the tax unenforceable due to the inability to precisely quantify it. This decision was part of multiple appeals where similar contraventions occurred.

The Tribunal referred the case to the High Court to determine the enforceability of tax provisions under section 41(2) based on the declarations in form T. The High Court found the basis of contravention by the respondents unsustainable in law. The condition in the relevant entry did not mandate the use of purchased materials exclusively for manufacturing cotton fabrics for the purchasing dealer. Previous decisions by the High Court clarified that the goods must be manufactured, regardless of ownership, for the purchasing dealer or others. The Court cited Commissioner of Sales Tax v. Burmah Shell Refineries Limited and Commissioner of Sales Tax v. Automatic Engineering Works as precedents. Consequently, the respondents did not breach the declarations in form T, and the issue considered by the Tribunal was deemed academic in the context of the second appeal filed by the respondents.

The High Court declined to answer the referred question, directing the return of the reference to the Tribunal. The respondents were awarded costs of Rs. 300 for the reference.