1996 (2) TMI 514 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of rule 20-B of the Madhya Pradesh General Sales Tax Rules, 1959 in relation to section 7(2) of the Madhya Pradesh General Sales Tax Act, 1958 for levy of purchase tax at concessional rates.

Analysis:
The Commissioner of Sales Tax, Madhya Pradesh, filed an application seeking direction to the Tribunal to refer a question of law regarding the operation of rule 20-B of the Sales Tax Rules in relation to the levy of purchase tax at concessional rates under the Sales Tax Act. The non-applicant assessee, a dealer engaged in hot dip galvanizing on a job contract basis, was assessed for the period from October 1979 to October 1980. Initially given the benefit of concessional tax rates on raw materials, a reassessment later subjected the assessee to pay full tax as it was not considered a manufacturer. The Tribunal allowed the appeals filed by the assessee, remanding the case for fresh assessment and holding that the raw materials consumed should be assessed at concessional rates, stating that rule 20-B does not bar the operation of section 7(2) of the Act for levy of purchase tax at concessional rates.

The Tribunal's decision was challenged through a reference application, which was rejected based on the principle that rules are subordinate to the Act and cannot go against its provisions. The Tribunal emphasized that rules are meant to carry out the purposes of the Act and if they contradict the Act, they may be declared ultra vires. The Tribunal cited a previous case to support this stance, highlighting that rules cannot override the provisions of the Act. The High Court concurred with the Tribunal's reasoning, emphasizing that rules are subservient to the Act, and the Act's provisions must be given full effect to regulate the rights and liabilities of the parties involved.

In conclusion, the High Court found no referable question of law for the Tribunal to state the case, dismissing the application as devoid of merit. The Court upheld the Tribunal's decision, stating that the rules cannot control the sections of the Act, and the Tribunal did not err in its interpretation. The parties were left to bear their own costs, and the application was dismissed.