1993 (1) TMI 257 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Whether the value of groundnut seeds of Rs. 96,460 can be treated as purchases made by the opponent-firm from the partners.
2. Whether purchase tax levied on the groundnut seeds should be removed.

Issue-wise Detailed Analysis:

1. Treatment of Groundnut Seeds as Purchases:
The Tribunal initially held that the value of groundnut seeds of Rs. 96,460 could not be treated as purchases made by the opponent-firm from its partners. This was based on the partnership deed's provision that partners would invest capital as necessary for the business. The Tribunal relied on the Supreme Court's decision in Hind Construction Ltd., which stated that delivering goods to a firm as share capital does not constitute a sale.

The High Court, however, disagreed with the Tribunal's interpretation. It emphasized that under the Gujarat Sales Tax Act, 1969, a partnership firm is a distinct legal entity from its partners. The definitions of "dealer," "goods," "person," and "sale" in Section 2 of the Act support this distinction. The Court noted that a firm can be a dealer and a registered dealer, and transactions between a firm and its partners are contemplated under the Act. Therefore, the Court concluded that the partnership firm purchasing goods from its partners constitutes a purchase, and the value of the groundnut seeds should be treated as such.

2. Levy of Purchase Tax:
The Assistant Commissioner of Sales Tax levied purchase tax on the groundnut seeds, arguing that the firm purchased the seeds from unregistered dealers (the partners). The Tribunal had removed this tax, reasoning that the transaction was not a sale or purchase under the Sales of Goods Act.

The High Court rejected this reasoning, stating that under Section 15 of the Gujarat Sales Tax Act, a dealer (including a partnership firm) must pay purchase tax when purchasing goods from an unregistered dealer unless the goods are resold. The Court highlighted that there is no statutory provision barring a partnership firm from entering into purchase or sale transactions with its partners. It also noted that the purchase price was credited to the partners' personal accounts, indicating a commercial transaction rather than a mere contribution of capital.

Conclusion:
The High Court concluded that the Tribunal erred in its judgment. The value of groundnut seeds of Rs. 96,460 should be treated as purchases made by the opponent-firm from its partners, and the purchase tax levied thereon should not be removed. The reference was answered in the negative, against the assessee and in favor of the Revenue, with no order as to costs.

Reference Answered in the Negative.