1982 (11) TMI 166 - HC - VAT and Sales Tax

Summary

Issues:
1. Exigibility to tax of sales effected by the petitioner.
2. Applicability of concessional tax rate under section 8(1) of the Central Sales Tax Act.
3. Requirement of producing E-I forms and C forms for claiming concessional tax rate.
4. Discretion of the Tribunal in accepting C forms for transactions.
5. Tax treatment for transactions where C forms were not produced.

Detailed Analysis:
The judgment of the Andhra Pradesh High Court dealt with the petitioner's sales of goods during their movement through the state and subsequent sale to a dealer in Tamil Nadu. The Tribunal considered six transactions, granting relief for one transaction. For transactions 1 to 3, the Tribunal rejected the plea for charging at a concessional rate under section 8(1) of the Central Sales Tax Act due to the petitioner's failure to produce E-I forms and C forms. Regarding transactions 5 and 6, the Tribunal also rejected the concessional tax plea for not receiving the C forms, despite the petitioner's possession of them.

The Central Sales Tax Act's section 8(1)(b) imposes a one percent tax rate on inter-State sales to registered dealers, subject to conditions. The petitioner did not submit E-I forms from the first seller but argued entitlement to concessional tax by producing C forms from the purchaser. The Court agreed with this contention, emphasizing the distinction between E-I forms issued by the first seller and C forms issued by the second purchaser. The petitioner, as the second seller, was entitled to the concessional tax rate under section 8(1) by producing C forms.

For transactions 5 and 6, the Tribunal found the petitioner failed to show sufficient cause for not submitting the forms earlier. The petitioner's shift in stance regarding the obligation to file forms was not accepted by the Tribunal. The Court upheld the Tribunal's discretion in refusing to accept the C forms for these transactions, leading to the application of the higher tax rate under section 8(2) due to non-receipt of C forms.

Ultimately, the Court partially allowed the tax revision case, directing transactions 1, 2, and 3 to be taxed at the concessional rate under section 8(1) while dismissing the case in other respects. The judgment did not award costs. The legal fees were set at Rs. 250.