1991 (2) TMI 380 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Legislative Competence of Section 15B of the Gujarat Sales Tax Act, 1969.
2. Whether Section 15B Imposes Consignment Tax.
3. Whether Section 15B Imposes a Tax in the Nature of Excise.
4. Whether Section 15B Imposes User Tax.
5. Validity of Actions Taken Under the Repealed Section 15B.

Summary:

1. Legislative Competence of Section 15B of the Gujarat Sales Tax Act, 1969:
The main issue was whether Section 15B of the Gujarat Sales Tax Act, 1969, as amended by the Gujarat Sales Tax (Amendment) Act, 1990, was within the legislative competence of the State Legislature under entry 54 of the State List.

2. Whether Section 15B Imposes Consignment Tax:
The court held that Section 15B does not impose a consignment tax. The provision does not mention consignment of manufactured goods outside the state. Even when read with Rule 42E, Section 15B does not necessarily imply a consignment tax. The court emphasized that the taxing event under Section 15B is the purchase of raw materials and their use in manufacturing taxable goods, not the consignment of manufactured goods outside the state.

3. Whether Section 15B Imposes a Tax in the Nature of Excise:
The court concluded that Section 15B does not impose a tax in the nature of excise. The tax is levied on the purchase of raw materials used in manufacturing taxable goods, not on the manufacturing process or the end product. The charge is on the dealer as a purchaser, not as a manufacturer, and the tax is not on the final manufactured goods.

4. Whether Section 15B Imposes User Tax:
The court held that Section 15B does not impose a user tax. The provision focuses on the purchase of raw materials and their use in the manufacturing process, not directly on the use or consumption of goods. The taxable event is the purchase of raw materials, and their subsequent use only activates the charge. The provision falls within entry 54 of the State List and does not infringe on entry 97 of the Union List.

5. Validity of Actions Taken Under the Repealed Section 15B:
The court held that actions taken under the repealed Section 15B are valid under the new Section 15B, which has retrospective effect from April 1, 1986. The retrospective enactment of the new provision sustains all past actions, taxes paid, and assessments made under the old Section 15B. The court also noted that the Commissioner of Sales Tax would ensure that no additional tax burden is imposed on assessees due to the retrospective effect of the new provision.

Conclusion:
The court upheld the validity of Section 15B of the Gujarat Sales Tax Act, 1969, as amended, and dismissed the petitions challenging its vires. The provision was found to be within the legislative competence of the State Legislature and did not impose consignment tax, excise duty, or user tax. Actions taken under the repealed Section 15B were deemed valid under the new provision.