1995 (7) TMI 372 - HC - VAT and Sales Tax

Issues Involved:
1. Effect of sub-clause (b) of clause (29A) of Article 366 of the Constitution on Section 8 of the Central Sales Tax Act, 1956.
2. Eligibility of "C" forms for purchases used in works contracts.
3. Amendment of registration certificates under the Central Sales Tax Act.
4. Levy of penalty under Section 10-A of the Central Sales Tax Act for using "C" forms in works contracts.

Issue-wise Analysis:

1. Effect of sub-clause (b) of clause (29A) of Article 366 of the Constitution on Section 8 of the Central Sales Tax Act, 1956:
The petitions challenge the impact of the 46th Amendment, which introduced sub-clause (b) of clause (29A) in Article 366, on Section 8 of the Central Sales Tax Act (CST Act), 1956. The petitioners argue that the amendment deems the transfer of property in goods involved in the execution of works contracts as sales, thus qualifying them for concessional tax rates under Section 8. The court held that the definition of "sale" under Section 2(g) of the CST Act does not need to be amended to include such transfers for the purposes of Section 8(3)(b). The court emphasized that the intention at the time of purchase, as declared in "C" forms, is sufficient to avail the benefits under Section 8, without considering whether the subsequent transaction qualifies as a sale under the CST Act.

2. Eligibility of "C" forms for purchases used in works contracts:
The petitioners sought the issuance of "C" forms for purchasing materials used in works contracts. The respondents denied this based on a circular dated December 3, 1985, which stated that such purchases could not be made against "C" forms. The court quashed the circular, stating that the use of materials in works contracts should be considered as resale for the purposes of Section 8(3)(b) of the CST Act. The court held that the subsequent use of goods in works contracts does not breach the conditions of "C" forms and does not attract penalties.

3. Amendment of registration certificates under the Central Sales Tax Act:
The petitioners applied for amendments to their registration certificates to include items intended for resale or use in manufacturing processes. The respondents refused, citing the 1985 circular. The court directed the respondents to amend the registration certificates without considering the circular. The court clarified that the eligibility for registration and the issuance of "C" forms should be based on the declared intention at the time of purchase, not on the subsequent use of the goods.

4. Levy of penalty under Section 10-A of the Central Sales Tax Act for using "C" forms in works contracts:
The respondents issued show cause notices for penalties under Section 10-A, alleging breaches of the conditions of "C" forms. The court quashed these notices, ruling that the use of goods in works contracts does not constitute a breach of the declaration made in "C" forms. The court held that such use should be treated as resale, and therefore, does not attract penalties under the CST Act.

Judgment:
The court allowed all four petitions, quashing the 1985 circular and directing the respondents to issue "C" forms and amend registration certificates as requested by the petitioners. The court also quashed the penalty notices issued under Section 10-A of the CST Act. The court emphasized that the subsequent use of goods in works contracts should be considered as resale for the purposes of Section 8(3)(b) and does not breach the conditions of "C" forms. The court ruled that the provisions of Section 8(3)(b) should be interpreted in the context of the declared intention at the time of purchase, without requiring an amendment to the definition of "sale" under Section 2(g) of the CST Act.

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