1986 (10) TMI 322 - HC - VAT and Sales Tax

Summary

Issues:
1. Taxability of turnover relating to trees of spontaneous growth for the years 1967-68, 1968-69, and 1969-70.
2. Taxability of sale proceeds of old scrap and discarded machineries for the year 1969-70.

Detailed Analysis:
1. The tax revision cases involved the issue of whether the turnover relating to trees of spontaneous growth for the years 1967-68, 1968-69, and 1969-70 was liable to be taxed under the Kerala General Sales Tax Act. The Sales Tax Officer initially brought this turnover to tax, but the respondent-assessee contended that the trees cut and removed were of spontaneous growth and hence not taxable. The Appellate Tribunal, after considering the arguments, held that there was no basis to conclude that the trees were not of spontaneous growth but were planted and maintained by the assessee. The Tribunal referred to relevant case law and found in favor of the assessee, stating that in the absence of evidence from the State, the turnover from trees of spontaneous growth cannot be taxed. The High Court upheld the Tribunal's decision, emphasizing that the finding was based on material available and that the Revenue could not tax the turnover without proper enquiry and data.

2. Regarding the taxability of the sale proceeds of old scrap and discarded machineries for the year 1969-70, the Revenue sought to include these amounts in the taxable turnover of the assessee. However, the Appellate Tribunal, relying on precedents such as the decision in State of Gujarat v. Raipur Manufacturing Co. Ltd., held that the sale of discarded materials like machinery and gunnies cannot be taxed. The High Court agreed with the Tribunal's reasoning, stating that based on the legal principles established in previous judgments, the sale of such discarded materials cannot form part of the taxable turnover. Therefore, the High Court upheld the Tribunal's decision on this issue as well.

In conclusion, the High Court found no reason to interfere with the decision of the Appellate Tribunal in both issues. The Court held that the Tribunal's decisions were valid and justified in law, leading to the dismissal of the tax revision cases.