1993 (4) TMI 288 - HC - VAT and Sales Tax

Issues Involved:
1. Constitutional validity of section 3 of the Tamil Nadu General Sales Tax (Third Amendment) Act, 1987.
2. Legality of levying sales tax on dressed hides and skins that were previously taxed as raw hides and skins.
3. Interpretation of sections 14 and 15 of the Central Sales Tax Act, 1956.
4. Impact of article 286(3) of the Constitution of India on the State Act.
5. Commercial distinction between raw and dressed hides and skins.

Issue-Wise Detailed Analysis:

1. Constitutional Validity of Section 3 of the Tamil Nadu General Sales Tax (Third Amendment) Act, 1987:
The petitioners challenged the constitutional validity of section 3 of the Tamil Nadu General Sales Tax (Third Amendment) Act, 1987, arguing that it violated article 286(3) of the Constitution of India and sections 14 and 15 of the Central Sales Tax Act, 1956. The court examined whether the State Legislature had the authority to amend the tax provisions and whether the amendments were consistent with the constitutional and statutory mandates.

2. Legality of Levying Sales Tax on Dressed Hides and Skins Previously Taxed as Raw Hides and Skins:
The petitioners contended that once raw hides and skins were taxed, the State could not levy tax again on the dressed hides and skins derived from them. The court analyzed whether the State's action constituted double taxation and whether it was permissible under the relevant laws. The court noted that the State Legislature had the right to treat raw and dressed hides and skins as distinct commodities and levy tax accordingly.

3. Interpretation of Sections 14 and 15 of the Central Sales Tax Act, 1956:
Section 14 of the Central Sales Tax Act declares certain goods, including hides and skins, as being of special importance in inter-State trade or commerce. Section 15 imposes restrictions on the State's power to levy tax on these goods, limiting the rate to 4% and ensuring tax is levied at only one stage. The court examined whether the State's bifurcation of hides and skins into raw and dressed categories violated these provisions. The court concluded that the State's approach did not contravene the Central Act, as raw and dressed hides and skins are commercially distinct.

4. Impact of Article 286(3) of the Constitution of India on the State Act:
Article 286(3) mandates that State laws imposing tax on goods of special importance must comply with restrictions specified by Parliament. The petitioners argued that the State Act violated this constitutional provision by imposing tax at multiple stages. The court held that the State's classification of hides and skins into raw and dressed categories did not violate article 286(3), as the commodities were distinct and the tax was levied at different points.

5. Commercial Distinction Between Raw and Dressed Hides and Skins:
The court considered whether raw and dressed hides and skins are commercially different commodities. Citing previous judgments, the court affirmed that these are distinct commodities with different commercial identities and values. Therefore, the State Legislature was within its rights to levy tax separately on these commodities.

Conclusion:
The court dismissed the writ petitions, upholding the constitutional validity of section 3 of the Tamil Nadu General Sales Tax (Third Amendment) Act, 1987. The court found no violation of article 286(3) of the Constitution or sections 14 and 15 of the Central Sales Tax Act. The State Legislature's treatment of raw and dressed hides and skins as distinct commodities for tax purposes was deemed lawful. The court emphasized that legislative choices regarding taxation are within the Legislature's purview, provided they comply with constitutional and statutory limits.

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