1987 (6) TMI 384 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of sale proceeds of motor boats and a motor jeep under Kerala General Sales Tax Act for the assessment year 1977-78.

Analysis:
The revision petitioner, a seafood business company, contested the assessment of the sale proceeds of two motor boats and a motor jeep under the Kerala General Sales Tax Act for the year 1977-78, claiming they are not dealers in these items. The plea was rejected by the assessing authority, Deputy Commissioner, and the Appellate Tribunal, leading to the revision petition.

The main issue before the court was whether the sale proceeds of the motor boats and motor jeep could be assessed to tax. The petitioner argued that they were not dealers in these items and not conducting business related to them, hence the sale proceeds should not be taxable. However, the court found no merit in this argument citing precedents.

In a previous case, an assessee engaged in textile business had sold motor cars, and the assessing authority included the sale proceeds in the taxable turnover. The court, relying on the Supreme Court's decision in State of Tamil Nadu v. Burmah Shell Oil Storage and Distributing Co. of India Ltd., held that the sale proceeds of items ancillary to the main business are taxable. The court referred to various judgments supporting the taxation of turnover related to assets used in the business, even if the assessee is not a dealer in those specific items.

The Appellate Tribunal's decision to tax the sale proceeds of the motor boats and motor jeep was upheld by the court, stating that it was in line with previous court decisions. The court concluded that the sale of these items was connected to the petitioner's business of processing and selling seafood, falling under the broad definition of "business" in the Kerala General Sales Tax Act.

In light of the consistent legal precedents and the connection established between the sale of assets and the petitioner's business activities, the court found no grounds to interfere with the Appellate Tribunal's decision. Consequently, the tax revision case was dismissed, upholding the assessment of the sale proceeds of the motor boats and motor jeep under the Kerala General Sales Tax Act for the assessment year 1977-78.