1981 (7) TMI 229 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of sale as inter-State trade or export sale for exemption under the Tamil Nadu General Sales Tax Act, 1959.

Analysis:
The case involved a dispute regarding the taxability of a sale transaction by an assessee company to an exporter firm, Indo-Burma Corporation, for the sale of cotton yarn. The assessee contended that the sale was either in the course of export or inter-State trade, thus exempt from sales tax. The Tribunal rejected these contentions based on factual findings.

The Tribunal found that the yarn was not freshly manufactured in Andhra Pradesh as claimed by the assessee. It was not established that the goods were appropriated to the contract from the mill premises in Andhra Pradesh. The sale was f.o.b. Madras, but it did not specify the source of supply. There was no evidence to support the movement of goods from Andhra Pradesh to Madras as part of the sale transaction.

The assessee's argument relied on Section 3 of the Central Sales Tax Act, 1956, which defines inter-State trade. However, the Tribunal's factual finding that the goods did not move from Andhra Pradesh to Tamil Nadu negated this argument. The absence of evidence regarding the appropriation of goods from a specific location further weakened the assessee's case for exemption.

The assessee failed to produce crucial evidence such as stock registers, correspondence, or transport documents to establish the movement of goods. The Tribunal's consideration of the excise permits and release orders from Andhra Pradesh did not conclusively prove the inter-State nature of the sale. The Tribunal concluded that the sale was a local transaction chargeable under the Tamil Nadu General Sales Tax Act, 1959.

In upholding the Tribunal's decision, the Court emphasized the lack of evidence supporting the assessee's claims of inter-State trade or export sale. The Court dismissed the revision and ordered the assessee to pay costs to the Government. The judgment underscores the importance of factual evidence in determining the taxability of sale transactions under relevant statutes.