1997 (8) TMI 457 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Legality of the order of remand by the Tribunal.
2. Necessity for the assessee-registered dealers to effect sales of goods manufactured or processed using goods purchased on the basis of "C" forms.
3. Interpretation of Section 8(3)(b) of the Central Sales Tax Act, 1956.
4. Imposition of penalty under Section 10-A of the CST Act for violation of Section 10.

Detailed Analysis:

1. Legality of the Order of Remand by the Tribunal:
The Tribunal remanded the matter to the registering authority for de novo re-examination and passing orders afresh after due notice. The Tribunal found that it was necessary to ascertain the extent of misuse of goods purchased against the "C" forms and whether there had been any sales of the processed goods either by the appellants or by others. The Tribunal dismissed the enhancement petition filed by the State representative, stating that the matter required further examination by the assessing officer.

2. Necessity for the Assessee-Registered Dealers to Effect Sales of Goods:
The primary issue was whether the assessee-dealers needed to effect sales of goods manufactured or processed using goods purchased on the basis of "C" forms to avoid penalty proceedings. The Tribunal's decision was influenced by the Supreme Court's ruling in Assessing Authority-cum-Excise and Taxation Officer v. East India Cotton Mfg. Co. Ltd. [1981] 48 STC 239, which held that section 8(3)(b) would cover cases where a registered dealer manufactured or processed goods for a third party on a job-contract, provided the manufactured or processed goods were intended for sale by such third party.

3. Interpretation of Section 8(3)(b) of the CST Act:
The Supreme Court's interpretation in the East India Cotton Mfg. Co. Ltd. case clarified that the phrase "for use by him in the manufacture or processing of goods for sale" did not restrict the sale to be by the registered dealer himself. The Legislature's deliberate omission of the words "by him" after "for sale" indicated that the sale of the manufactured goods need not be by the registered dealer. This interpretation was binding under Article 141 of the Constitution of India.

4. Imposition of Penalty under Section 10-A of the CST Act:
The taxing authorities had imposed a penalty on the assessee-dealers for using goods and materials purchased on the basis of "C" forms for job-work for third parties. The High Court found that the use of goods and materials for processing motion films for third parties on a job-work basis did not constitute an infraction or violation of Section 10, as per the Supreme Court's ruling. Therefore, the penalty imposed by the taxing authorities was not justified.

Conclusion:
The High Court allowed the revision, set aside the Tribunal's order of remand, and also set aside the penalty imposed by the taxing authorities. The Court concluded that the assessee-dealers had not violated any relevant clause of Section 10 of the CST Act by using the goods and materials for processing motion films for third parties on a job-work basis. The Court decided not to remit the matter back to the Tribunal to avoid further delay and prejudice to the assessee-dealers. The petition was allowed without any order as to costs.