1988 (4) TMI 404 - HC - VAT and Sales Tax

Summary

Issues:
- Interpretation of Government order for concessional levy of sales tax on imported machinery
- Determination of whether reconditioned machinery qualifies as old or second-hand machinery
- Application of legal precedents regarding reconditioned machinery in tax matters
- Assessment of the machinery imported by the petitioner as reconditioned or second-hand
- Compliance with certification requirements for concessional rate of sales tax

Interpretation of Government Order:
The petitioner, a small-scale manufacturing dealer in computer stationery, imported reconditioned printing machinery from the United Kingdom under an import license. The petitioner sought concessional levy of sales tax under a Government order. The Commercial Tax Officer declined the concession, citing the machinery as second-hand. The issue was whether the machinery qualified for the concessional rate under the Government order.

Definition of Reconditioned Machinery:
The petitioner argued that the imported machinery was reconditioned, not old or second-hand. Legal precedents were cited, emphasizing that reconditioned machinery could be considered new based on the extent of reconditioning and improvements. The court examined whether the reconditioned machinery imported by the petitioner was substantially different from old machinery and incorporated significant improvements.

Compliance with Certification Requirements:
The petitioner, recognized as a new unit by the Department of Industries and Commerce, provided a certificate stating the machinery was reconditioned and imported with a loan sanctioned by the Karnataka State Financial Corporation. Despite this, the assessing officer deemed the machinery as second-hand, leading to the denial of the concessional rate. The court directed a reconsideration of the claim based on the nature of the machinery and additional evidence the petitioner may present.

Judgment and Directions:
The court set aside the order rejecting the claim, emphasizing that all documents indicated the machinery was reconditioned. The petitioner was directed to appear before the Commercial Tax Officer for further instructions. The writ petition was allowed, highlighting the need for a thorough assessment of the machinery to determine its eligibility for the concessional rate.