1981 (8) TMI 208 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of the term "resale" under the Gujarat Sales Tax Act, 1969 and the Bombay Sales Tax Act, 1959 for deduction purposes.

Detailed Analysis:
The case involved the interpretation of the term "resale" under the Gujarat Sales Tax Act, 1969 and the Bombay Sales Tax Act, 1959 for allowing deductions claimed on account of resales of papers. The assessee, a registered dealer, was involved in buying tear-waste of newsprint reels, cutting them into reams of different sizes, and selling them to printing presses or other dealers. The Sales Tax Officer assessed the activity as manufacturing, disallowed the deduction of resales of goods purchased, and imposed penalties under the respective Acts.

The Assistant Commissioner confirmed the manufacturing finding but reduced the penalty due to the assessee's bona fide impression. The Tribunal, on appeal, considered whether the sales of papers by the assessee qualified as resales under the Acts. Two contentions were raised regarding the resale of purchased goods without manufacturing and whether the sales were in the same form as purchased. The Tribunal found in favor of the assessee, stating that cutting papers into smaller reams did not change the form of the goods, citing a previous court decision regarding rolled steel sections.

The State sought a reference to the High Court, which was initially rejected by the Tribunal but later directed by the Court. The key question for consideration was whether the Tribunal was correct in setting aside the disallowance of deductions claimed on resales of papers and penalties imposed. The Government Pleader argued against the resale classification, citing definitions of "manufacture" and "resale" under the Acts but failed to demonstrate the assessee's actions falling within those definitions.

The Court analyzed the definitions and relevant provisions, concluding that the cutting of newsprint reels into reams did not constitute a manufacturing process. The Court emphasized that newsprint was considered paper under the Acts and Rules, and cutting it did not change its form. Referring to a previous court ruling on rolled steel sections, the Court affirmed that the mere cutting of newsprint did not alter its form, thus qualifying the sales as resales under the Acts.

In the final judgment, the Court answered the reference in favor of the assessee, directing the department to pay the costs of the reference. The decision was based on the understanding that the cutting of newsprint reels into smaller reams did not amount to a change in form, making the sales eligible for deduction as resales under the relevant Acts.

This detailed analysis provides a comprehensive overview of the legal judgment, focusing on the interpretation of the term "resale" under the Gujarat Sales Tax Act, 1969 and the Bombay Sales Tax Act, 1959, and the implications for the deductions claimed by the assessee.