1991 (3) TMI 344 - HC - VAT and Sales Tax

Issues Involved:
1. Eligibility for exemption under Section 5(3) of the Central Sales Tax Act, 1956.
2. Commercial identity of raw hides and skins versus dressed hides and skins.
3. Interpretation of Section 14(iii) and Section 15 of the Central Sales Tax Act.
4. Applicability of previous judicial decisions and their relevance to the case.

Detailed Analysis:

1. Eligibility for exemption under Section 5(3) of the Central Sales Tax Act, 1956:
The primary issue revolves around whether the turnover of Rs. 22,13,372.89, related to the purchase of raw skins processed into dressed skins for export, is eligible for exemption under Section 5(3) of the Central Sales Tax Act. The assessing authority initially denied the exemption, asserting that raw and tanned skins are commercially different commodities. This decision was upheld by the first appellate authority and the Tribunal, which relied on a previous Division Bench decision that distinguished between the goods purchased and exported.

2. Commercial identity of raw hides and skins versus dressed hides and skins:
The appellant argued that under the Central Sales Tax Act, hides and skins, whether raw or dressed, should be treated as a single item. This argument is based on Section 14(iii) of the Act, which classifies hides and skins in both states as one category. The appellant contended that the transformation from raw to dressed skins does not create a new commodity but merely changes the state of the same commodity, thus qualifying for exemption under Section 5(3).

3. Interpretation of Section 14(iii) and Section 15 of the Central Sales Tax Act:
The Court examined the interpretation of Section 14(iii) and Section 15, which treat hides and skins, whether raw or dressed, as a single item. The judgment referenced the Supreme Court's decision in the Mahi Traders case, which affirmed that the classification under Section 14(iii) is broad and includes all stages of hides and skins, whether raw or dressed. The Court also noted the Andhra Pradesh High Court's decision in Mohd. Basheer & Company, which supported the appellant's view that the goods purchased and exported are the same for the purposes of Section 5(3), despite the processing involved.

4. Applicability of previous judicial decisions and their relevance to the case:
The Court critically analyzed previous judgments, including the Division Bench decision in T.C. Nos. 824 to 827 of 1980, which had been relied upon by the Tribunal. The Court found that this decision was no longer good law in light of the Supreme Court's rulings in Mahi Traders and the dismissal of the special leave petition in Mohd. Basheer & Company. The Court emphasized that the legislative intent behind Section 14(iii) and Section 15 was to treat hides and skins as a single commodity, regardless of their state, thus supporting the appellant's claim for exemption under Section 5(3).

Conclusion:
The Court concluded that the principles laid down in the Mahi Traders case and the Andhra Pradesh High Court's decision in Mohd. Basheer & Company undermine the correctness of the Tribunal's decision. The Court held that the lack of commercial identity between raw and dressed hides and skins is irrelevant for the purposes of Section 5(3). What matters is whether the penultimate sale or purchase satisfies the conditions specified in Section 5(3). The Court set aside the Tribunal's order and remitted the matter to the assessing authority for fresh consideration in light of the legal principles established. The petition was allowed, with no order as to costs.

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