1987 (1) TMI 475 - HC - VAT and Sales Tax

Summary

Issues:
1. Taxability of cess paid to Rubber Board under Kerala General Sales Tax Act.
2. Taxability of turnover representing sale proceeds of bus bodies under the Act.

Analysis:
1. The Court addressed the issue of the taxability of the cess paid by the assessee to the Rubber Board. The Court referred to previous decisions and held that the assessing authority was correct in determining that the cess was exigible to tax under the Act. The Tribunal's decision regarding the cess was set aside based on the applicable legal precedents.

2. The Court analyzed the turnover representing the sale proceeds of the bus bodies. The assessee claimed that the sales were in the course of inter-State sales and hence not exigible to sales tax under the Act. The Court examined the details of the transactions, including the contractual terms between the assessee and the Kerala State Road Transport Corporation (K.S.R.T.C.). It was observed that the construction of the bodies took place at the assessee's workshop in Madurai, with the goods moving from Madurai to Trivandrum. The Court cited relevant legal principles from previous judgments to support its conclusion.

3. The Court highlighted the understanding between the parties that the assessee, acting as a branch office, was executing the contract on behalf of its principal office in Madurai. It was established that the goods were dispatched from Madurai to Trivandrum against specific orders placed by the K.S.R.T.C., indicating an inter-State transaction. The Court rejected the Revenue's argument that there was no essential link between the goods supplied and the contract, emphasizing the movement of goods as an incident of the contract.

4. Ultimately, the Court affirmed the Tribunal's decision regarding the taxability of the sale of the bus bodies. It concluded that the sale was conducted by the assessee for and on behalf of its principal office in Madurai in the course of inter-State trade, making the turnover not exigible to sales tax under the Act. The revision petition on this issue was dismissed, and no costs were awarded in this case.

5. In conclusion, the Court provided a detailed analysis of the taxability of both the cess paid to the Rubber Board and the turnover from the sale of bus bodies, applying legal principles and examining the specific facts of the transactions to arrive at its decision.