1991 (3) TMI 369 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Interpretation of the entry relating to an item of section 14 of the Central Sales Tax Act, 1956.
2. Whether items manufactured and sold by the assessee are the same declared goods or different commercial commodities liable to State sales tax.
3. Validity of the Government of India's letters and the State Government's G.O. under section 42(2) of the Andhra Pradesh General Sales Tax Act, 1957.
4. Whether the Deputy Commissioner exceeded his authority by taxing a larger turnover than what was exempted by the Commercial Tax Officer.

Issue-wise Detailed Analysis:

1. Interpretation of Section 14 of the Central Sales Tax Act, 1956:
The main controversy revolves around the interpretation of the entry in section 14(iv)(i) of the Central Sales Tax Act, 1956, which includes "iron and steel" and specifies items such as "pig iron and cast iron including ingot moulds, bottom plates, iron scrap, cast iron scrap, runner scrap, and iron skull scrap." The Andhra Pradesh General Sales Tax Act mirrors this entry in its Schedule III.

2. Declared Goods vs. Different Commercial Commodities:
The assessee argued that the items sold, including C.I. specials, bends, ties, tail pieces, and manhole covers, should be considered as cast iron under the declared goods category due to the inclusive language of the entry. The Revenue contended that these items are distinct commercial commodities made from cast iron and thus subject to State sales tax.

The Tribunal and the court relied on several precedents, including the Supreme Court's decision in State of Tamil Nadu v. Pyare Lal Malhotra [1976] 37 STC 319, which held that each sub-item could be a different commercial commodity liable to separate tax. The court concluded that the items in question are finished products distinct from the raw material "cast iron" and, therefore, do not fall under the declared goods category.

3. Government Letters and G.O. under Section 42(2):
The assessee cited letters from the Government of India and a G.O. from the State Government clarifying that "cast iron castings" are covered under the term "cast iron." However, the court observed that these letters and the G.O. do not amend the statutory provisions of the Central Act, which do not mention "cast iron castings." The court held that the G.O. and letters are not binding in this context and do not alter the classification of the items sold by the assessee.

4. Excess Turnover Taxation by the Deputy Commissioner:
The court addressed a subsidiary grievance that the Deputy Commissioner taxed a larger turnover than what was exempted by the Commercial Tax Officer and mentioned in the show cause notice. The court directed that any excess turnover taxed beyond what was initially exempted should be deleted by the assessing authority.

Conclusion:
The court upheld the Tribunal's decision that the items sold by the assessee, such as C.I. pipes and manhole covers, are distinct commercial commodities and not covered under the declared goods category of "cast iron." Consequently, these items are liable to State sales tax. The court also clarified that the Government of India's letters and the State Government's G.O. do not have the effect of amending the statutory provisions. The court directed the deletion of any excess turnover taxed by the Deputy Commissioner beyond what was exempted by the Commercial Tax Officer.