1996 (6) TMI 309 - HC - VAT and Sales Tax

Summary

Issues:
1. Levy of sales tax on materials supplied by a government division to contractors.
2. Stay of realisation of extra demands during appeal process.
3. Dispute regarding double taxation and payment of disputed demands.
4. Assessment of tax on supply of materials without sale element.
5. Direction for payment of disputed demand during pendency of appeals.
6. Resolution of inter-departmental disputes and establishment of a Committee for the same.

Analysis:

1. The Sales Tax Officer believed that materials supplied by a government division to contractors were taxable under the Orissa Sales Tax Act, leading to demands for various assessment years. Assessments were made under section 12(5) of the Act.

2. During the appeal process, a stay of realisation of extra demands was requested and conditionally granted by the appellate authority, pending the outcome of the appeals.

3. The petitioner argued against the levy of tax, citing no sale element and prior tax payment on the articles. The assessing officer directed partial payment of the disputed demand, which was upheld by the Assistant Commissioner and Additional Commissioner.

4. The petitioner contended that the tax levy was erroneous due to the absence of a sale element in the material supply. The Revenue's counsel defended the direction for partial payment pending appeal resolution.

5. The Court refrained from expressing an opinion on the merits of the dispute, directing specific amounts to be paid by a deadline to stay realisation of the balance amount until the appeals were decided.

6. The judgment highlighted the need for resolving inter-departmental disputes efficiently, referencing a Supreme Court directive on the matter. It suggested the establishment of a Committee to address such disputes, emphasizing the importance of pre-litigation clearance.

This comprehensive analysis covers the key issues addressed in the judgment, detailing the arguments presented by the parties and the Court's directives regarding the tax levy, payment of disputed demands, and the resolution of inter-departmental disputes.