1995 (1) TMI 338 - HC - VAT and Sales Tax

Summary

Issues Involved:
The judgment involves the interpretation of a contract of purchase to determine whether the purchase was of iron scrap or a ship named 'M.V. State of Andhra'. Additionally, it examines whether purchase tax under section 13 of the Bombay Sales Tax Act, 1959 is applicable due to the resale of the scrap.

Interpretation of Contract of Purchase:
The assessee, a registered dealer, purchased a condemned cargo vessel named "State of Andhra" and dismantled it, selling the obtained scrap to re-rolling mills. The Sales Tax Officer levied purchase tax on the ship's purchase price, considering the dismantling as manufacturing. The Assistant Commissioner partially accepted the assessee's contention, deleting tax on loose items but upholding tax on the ship's balance purchase price. The Tribunal ruled in favor of the assessee, stating the purchase was of iron scrap, not a ship, and no purchase tax was applicable under section 13.

Application of Section 13 of the Act:
The Court analyzed section 13 of the Act, which levies purchase tax if goods are used in manufacturing. It deliberated whether dismantling a condemned ship constitutes manufacturing scrap. The Court noted the ship was sold for scrapping purposes, supported by various documents and certificates. It concluded that the condemned ship was re-rollable scrap, not a ship, as the assessee acquired and resold the materials without any manufacturing process, making section 13 inapplicable.

Legal Precedents and Conclusion:
The Court cited a Madras High Court case where scrap purchased from condemned articles was considered a second sale, exempt from tax. It distinguished a previous decision and aligned with a Supreme Court ruling affirming the scrap nature of condemned items. Consequently, the Court upheld the Tribunal's decision, affirming the purchase as scrap, not a ship, and negating the applicability of purchase tax under section 13.

Decision:
The Court answered both questions in favor of the assessee, affirming the purchase of scrap and not a ship, thereby dismissing the levy of purchase tax. No costs were awarded in the case.

Reference answered in the affirmative.