1994 (9) TMI 325 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Legality and validity of the three notifications issued by the State Government.
2. Impact of the notifications on inter-State trade and commerce.
3. Alleged violation of constitutional provisions, specifically Articles 301, 302, 303, and 304.
4. Alleged preference to local manufacturers and the creation of trade barriers.
5. Comparison with the precedent set by the Supreme Court in Indian Cement Ltd. v. State of Andhra Pradesh.

Issue-Wise Detailed Analysis:

1. Legality and Validity of the Three Notifications:
The petitioners challenged three notifications issued by the State Government on January 8, 1990, June 27, 1990, and March 7, 1994. The first two notifications were superseded by the notification dated March 7, 1994, rendering the challenges to the first two notifications moot. The Court focused on the legality and validity of the latest notification dated March 7, 1994.

2. Impact of the Notifications on Inter-State Trade and Commerce:
The petitioners argued that the notifications created artificial trade barriers and gave preference to local manufacturers in Rajasthan, adversely affecting manufacturers in Gujarat. They claimed that the rate of tax under the Central Sales Tax Act for inter-State sales was altered, leading to a disadvantage for Gujarat manufacturers. The Court found that the petitioners failed to provide sufficient evidence to support their claims. The contesting respondents argued that the reduction in inter-State sales tax did not impede the free flow of trade and commerce.

3. Alleged Violation of Constitutional Provisions:
The petitioners contended that the notifications violated Articles 301, 302, 303, and 304 of the Constitution, which guarantee the freedom of trade, commerce, and intercourse throughout India. They argued that the notifications created a preference for goods manufactured in Rajasthan over those manufactured in other states. The Court held that the petitioners failed to establish that the notifications violated these constitutional provisions. The Court emphasized that the power to tax is presumed to be in public interest, and the petitioners did not provide sufficient evidence to rebut this presumption.

4. Alleged Preference to Local Manufacturers and Creation of Trade Barriers:
The petitioners argued that the notifications created a preference for local manufacturers in Rajasthan, leading to an increase in cement dispatches from Rajasthan to Gujarat. They provided data to show the increase in dispatches and the adverse impact on Gujarat manufacturers. The Court found that the petitioners did not provide sufficient evidence to support their claims. The contesting respondents argued that the reduction in inter-State sales tax did not create a preference for local manufacturers and did not impede the free flow of trade and commerce.

5. Comparison with Precedent Set by the Supreme Court in Indian Cement Ltd. v. State of Andhra Pradesh:
The petitioners relied on the Supreme Court's decision in Indian Cement Ltd. v. State of Andhra Pradesh, where similar notifications were found to be invalid. The Court distinguished the present case from Indian Cement, noting that the factual matrix was different. The Court emphasized that the impact of transportation and handling charges was not considered in Indian Cement, and the present case involved different conditions and circumstances.

Conclusion:
The Court dismissed the writ petitions, finding no merit in the petitioners' claims. The Court held that the petitioners failed to establish that the notifications violated constitutional provisions or created a preference for local manufacturers. The Court emphasized that the power to tax is presumed to be in public interest, and the petitioners did not provide sufficient evidence to rebut this presumption. The writ petitions were dismissed without any order as to costs.