1987 (11) TMI 365 - HC - VAT and Sales Tax

Summary

Issues:
1. Entitlement to deduction under section 2(r)(ii) for sales of material from condemned coaches.
2. Legality of the Tribunal's requirement for a sale on declaration for granting deduction.
3. Legality of the Tribunal's order regarding sales tax on iron scrap.

Analysis:

Issue 1: Entitlement to Deduction under Section 2(r)(ii)
The applicant, dealing in scrap, purchased condemned railway coaches at an auction and was assessed for tax. The Tribunal held that the goods purchased were scrap, including iron scrap, and assessed sales tax on the sale of iron scrap. The applicant argued that since iron scrap was a declared good under the Central Sales Tax Act and tax was paid at the purchase stage, no tax was due at the sale stage. The Court agreed, citing section 15(a) of the Act, which limits tax on declared goods to one stage. Therefore, the applicant was not liable for sales tax on the iron scrap sold.

Issue 2: Requirement for Sale on Declaration
The Tribunal's insistence on a sale on declaration for granting deduction was found to be legally incorrect. The Court emphasized that the key factor was whether the goods were declared goods under the Central Sales Tax Act, not the manner of sale. As the iron scrap purchased was declared goods and tax was already paid at the purchase stage, the Tribunal's requirement for a sale on declaration was deemed irrelevant.

Issue 3: Legality of Tribunal's Order on Sales Tax
The Court concluded that the Tribunal's order was not legally correct. Given that the iron scrap constituted declared goods and tax was already paid at the purchase stage, sales tax on the subsequent sale was not applicable. This was in line with the restriction in section 15(a) of the Central Sales Tax Act, which prohibits levying tax on declared goods at more than one stage. Therefore, the Tribunal's order regarding sales tax on the iron scrap was deemed incorrect.

In light of the above analysis and the Court's determination that sales tax was not leviable on the iron scrap sale, it was deemed unnecessary to address the first two questions raised. Each party was directed to bear their own costs, and the reference was answered accordingly.