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1986 (10) TMI 313 - HC - VAT and Sales Tax
Issues involved: Interpretation of provisions of section 8(2A) of the Central Sales Tax Act in conjunction with the U.P. Sales of Motor Spirit, Diesel Oil and Alcohol Taxation Act, 1939.
Summary: The revision raised a question regarding the liability to pay tax on the interState sale of alcohol by an assessee who was a manufacturer of alcohol. The argument was based on the interpretation of section 8(2A) of the Central Sales Tax Act and the Motor Spirit Act. The contention was that since the Motor Spirit Act levies tax at the time of first purchase only, there should be no liability on the assessee for Central sales tax on the interState sale of alcohol. The Sales Tax Tribunal held that even though there was no liability under the Central Sales Tax Act, the Motor Spirit Act being a taxing statute, the assessee was not exempt from tax. The key issue was whether the dealer was exempt from tax generally under the Motor Spirit Act, making the tax nil for the purpose of section 8(2A) of the Central Sales Tax Act. The interpretation of section 8(2A) of the Central Sales Tax Act was crucial in determining the liability of the dealer. The provision stated that the tax payable by a dealer on goods exempt from tax generally or subject to a lower rate shall be nil or calculated at the lower rate. The emphasis was on the goods themselves rather than the sales tax law of the State. The Tribunal's interpretation was deemed erroneous as the focus should be on the goods' tax liability. The explanation to section 8(2A) outlined three circumstances for interpreting goods exempt from tax generally. In this case, the liability under the Motor Spirit Act did not fall under any of these circumstances as there were no specified conditions or stages for tax levy. The conclusion was that the dealer had no liability to pay Central sales tax as per the provisions of section 8(2A) of the Central Sales Tax Act. Therefore, the revision was allowed, holding that the dealer was not liable to pay any Central sales tax.
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