1986 (12) TMI 342 - HC - VAT and Sales Tax

Summary

Issues:
The issues involved in this case are related to the assessment of tax on purchases made by the assessee, specifically cashew shells, lime shell, and consumed stores, under section 5A of the Kerala General Sales Tax Act, 1963.

Assessment of Cashew Shells:
The assessee contended that the purchase turnover of cashew shells was exempted from tax under Notification No. SRO 722/73 u/s 10 of the Act or not liable for tax u/s 5A(1) due to non-satisfaction of conditions. The Tribunal held that as the cashew shells were used only as fuel in the kiln, not in the manufacture of goods for sale, they do not attract tax u/s 5A(1)(a).

Assessment of Lime Shell and Consumed Stores:
Similarly, the purchases of lime shell and consumed stores were claimed as non-taxable under section 5A(1) due to non-satisfaction of conditions. The Tribunal ruled that since there was no disposal of these items and they were used in maintenance, not in the manufacture of goods for sale, they do not attract tax u/s 5A.

Disposal of Goods:
The question of disposal of goods otherwise than by sale within the State was raised. The Court clarified that disposal requires transfer of title to another person, and in the absence of such transfer, there is no liability to tax. As there was no transfer of the purchased items in this case, they do not attract tax u/s 5A(1)(b).

Conclusion:
The Court dismissed the tax revision cases as no other points were raised, affirming that the purchases of cashew shells, lime shell, and consumed stores do not attract tax under section 5A of the Act due to non-satisfaction of conditions and absence of disposal through transfer.