1992 (2) TMI 329 - HC - VAT and Sales Tax

Summary

Issues: Assessment under Bengal Finance (Sales Tax) Act, 1941 and Central Sales Tax Act, 1956 for the year 1971-72. Interpretation of transactions involving import of goods under 'actual user licenses' and import recommendation certificates for government supply.

Analysis:
The High Court of Delhi addressed two references made by the Appellate Tribunal regarding sales tax exemptions for transactions involving import of goods under 'actual user licenses' and import recommendation certificates. The Tribunal found that these transactions qualified as sales in the course of import and were exempt from sales tax. The issues were whether these transactions were indeed exempt as claimed by the dealer.

In the first issue, the Court considered transactions under 'actual user licenses' and referred to a similar case where such imports were held to be in the course of import. Following the precedent, the Court ruled in favor of the dealer, affirming that these transactions were exempt from sales tax.

Regarding the second issue involving import recommendation certificates for government supply, the Court referred to a previous case where it was determined that two separate sale transactions occurred in such cases, disqualifying them from being considered in the course of import. Consequently, the Court ruled against the dealer, stating that these transactions were not exempt from sales tax.

The Court concluded by answering the questions posed: Question No. 1 was answered in the affirmative in favor of the dealer, while Question No. 2 was answered in the negative in favor of the department. The judgment provided clarity on the tax exemption status of transactions involving 'actual user licenses' and import recommendation certificates for government supply.