1987 (11) TMI 368 - HC - VAT and Sales Tax

Issues Involved:

1. Classification of printed materials as sale of goods or works contract.
2. Applicability of sales tax on various printed materials.
3. Distinction between sale of goods and works contract based on legal precedents.
4. Assessment of turnover for sales tax purposes.

Issue-wise Detailed Analysis:

1. Classification of printed materials as sale of goods or works contract:

The petitioner, a co-operative press, argued that its activities constituted works contracts rather than the sale of goods. The court examined various precedents to determine the nature of the contracts. It was noted that if the substance of the contract involves the production of something to be sold to the customer, it is a sale of goods. Conversely, if the contract primarily involves skill and labor, it is a works contract. The court referred to several cases, including *Kanpur Journals Ltd. v. Commissioner of Sales Tax, U.P.*, which held that the nature of the contract should be determined by its substance. The court found that the printed materials such as cheque books, registers, letter pads, bonds, forms, share certificates, and ration cards constituted the sale of finished goods rather than works contracts.

2. Applicability of sales tax on various printed materials:

The court addressed whether the printed materials supplied by the petitioner were subject to sales tax. It referred to the case of *Sardar Printing Works v. Sales Tax Commissioner*, which held that when printed material is sold to customers, it constitutes a sale of finished goods. The court concluded that the items listed in categories (1) to (7) (cheque books, registers, letter pads, bonds, forms, share certificates, and ration cards) were taxable as they were finished goods. However, the court distinguished annual audit reports and financial statements in book form and pamphlets such as "Jabalpur Zila Me Nalkoop Yojna" as works contracts, not subject to sales tax.

3. Distinction between sale of goods and works contract based on legal precedents:

The court analyzed various precedents to draw a distinction between the sale of goods and works contracts. In *Government of Andhra Pradesh v. Guntur Tobaccos Ltd.*, it was held that a contract for work involving the use of materials does not necessarily constitute a sale of those materials. The court also referred to *Hindustan Aeronautics Ltd. v. State of Karnataka*, which emphasized the primary object of the transaction and the intention of the parties. The court concluded that the printing of annual audit reports, financial statements, and pamphlets was primarily a contract for work and labor, not a sale of goods.

4. Assessment of turnover for sales tax purposes:

The court examined the assessment orders passed by the Additional Sales Tax Officer and the Additional Commissioner of Sales Tax. It was noted that the cost of labor and materials varied across different assessment years. The court directed the Additional Sales Tax Officer to pass fresh assessment orders in light of the observations made in the judgment. The court quashed the impugned orders regarding the printing and supply of annual audit reports, financial statements, and pamphlets, while upholding the orders for the remaining items.

Conclusion:

The writ petition was partly allowed. The court quashed the impugned orders concerning the printing and supply of annual audit reports, financial statements, and pamphlets, as they were deemed works contracts. However, the petition was dismissed regarding the turnover of items in categories (1) to (7), which were classified as the sale of finished goods and thus taxable. The Additional Sales Tax Officer was directed to pass fresh assessment orders in accordance with the court's observations. Each party was ordered to bear its own costs, and the outstanding security amount was to be refunded to the petitioner.

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