1991 (7) TMI 361 - HC - VAT and Sales Tax

Summary

Issues:
1. Determination of turnover in hire-purchase sales.
2. Inclusion of interest and service charges in taxable turnover.

Analysis:

Issue 1: Determination of turnover in hire-purchase sales
The petitioner filed tax cases for various assessment years challenging the turnover determination in hire-purchase sales. The assessing authority rejected the claim of sales in the course of import and calculated the taxable turnover based on the reported turnovers. The Appellate Assistant Commissioner upheld the turnover calculation considering the aggregate amount of all instalments as the sale value. The Tribunal also affirmed this approach, stating that the hire-purchase amount should be treated as consideration for the sale. The Tribunal differentiated between hire and sale transactions, concluding that the hire-purchase agreements constituted sales transactions under the law. The judgment emphasized that the total value recoverable from the purchaser, including interest and service charges, forms the sale price until the entire amount is paid, transferring title to the goods.

Issue 2: Inclusion of interest and service charges in taxable turnover
The petitioner argued that interest and service charges should be excluded from the taxable turnover, relying on a Supreme Court judgment and the concept of hire-purchase agreements involving elements of both bailment and eventual sale. However, the Court noted that the petitioner did not raise this argument before the assessing authority or the Appellate Assistant Commissioner. The Court highlighted that the turnover was never questioned, and the petitioner only contended that the transactions were sales in the course of import. The judgment emphasized that the petitioner failed to establish their case before the authorities and did not provide evidence to support their claim for depreciation or exclusion of interest and service charges. Ultimately, the Court upheld the assessment for all years except 1974-75 and 1975-76, where the matter was remanded based on a government notification.

In conclusion, the Court dismissed all tax cases, emphasizing that the hire-purchase amount should be considered as the sale price until fully paid, including interest and service charges. The judgment highlighted the importance of presenting relevant evidence and arguments before the authorities to support claims related to turnover calculation in hire-purchase sales.