1989 (8) TMI 305 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the movement of goods constitutes inter-State trade and commerce for tax imposition?
2. Whether sales made in the course of inter-State trade and commerce at Delhi are liable for tax at 3% or 10%?

Analysis:
1. The case involves M/s. Mehta Group of Industries, engaged in manufacturing saccharin, colors, and straws. The dispute arose regarding the tax liability for goods transferred to the head office in Delhi. The Assessing Authority classified the goods based on destination and concluded that some sales were inter-State. The applicant-dealer contended that goods were not inter-State sales but transfers within the company.

2. The Deputy Excise and Taxation Commissioner and the Tribunal found that there were prior contracts between the buyers and the dealer, leading to the movement of goods from Haryana to Delhi. The Tribunal noted the numerical similarity between goods transferred and sold in Delhi. The Tribunal referred questions to the High Court, seeking clarification on the tax implications of these transactions.

3. The High Court analyzed the transactions in detail, noting the quantities and dates of goods transferred and sold. The Court observed a pattern where goods were dispatched in the same quantities they were received, suggesting specific orders. The Court rejected the applicant-dealer's explanation of unknown buyers and lack of written orders.

4. The Court also examined sales to buyers in Delhi, highlighting the consistency in quantities dispatched and sold. The Court emphasized that goods were dispatched based on specific orders, not in the ordinary course. The lack of stock apart from the sold goods indicated a contractual movement of goods from the factory to Delhi.

5. The High Court considered precedents cited by the applicant-dealer but found them inapplicable due to the absence of relevant documents for interpretation. The Court ruled in favor of the tax department, affirming that the movement of goods constituted inter-State trade. Additionally, the Court held that without 'C' forms, the sales were taxable at 10%, not 3%.

6. In conclusion, the High Court answered both questions in favor of the tax department, emphasizing the contractual nature of the goods' movement and the absence of necessary documentation for concessional tax rates. The reference was resolved accordingly, upholding the tax liability at 10% for the sales in question.