1997 (8) TMI 471 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Legislative power under section 3(1) of the Karnataka Tax on Entry of Goods Act, 1979.
2. Constitutional validity concerning Article 304(a) of the Constitution.
3. Retrospective operation of the second notification and Article 304(b) of the Constitution.

Summary:

Re: Contention (a): Legislative Power u/s 3(1) of the Act:

The petitioners challenged the notifications on the grounds that they exceeded the legislative power delegated to the State Government u/s 3(1) of the Karnataka Tax on Entry of Goods Act, 1979. The court held that the State Government was only authorized to specify the rate of tax for different goods or classes of goods listed in the First Schedule of the Act. It could not create classes among the same goods based on criteria like "tax-paid goods" or "imported goods." The notifications prescribing different rates of tax for goods that had not suffered tax under the Karnataka Sales Tax Act were deemed ultra vires and unenforceable.

Re: Contention (b): Constitutional Validity under Article 304(a):

The petitioners argued that the notifications violated Article 304(a) of the Constitution by discriminating between similar goods manufactured in Karnataka and those imported from other states. The court found that the notifications imposed a 1% entry tax on raw materials brought from outside Karnataka, while similar goods produced within the state were exempt. This clear discrimination based on the rate of entry tax violated Article 304(a). The court emphasized that discrimination should be assessed based on the rate of tax under the specific taxing statute, not the overall tax burden.

Re: Contention (c): Retrospective Operation and Article 304(b):

The petitioners contended that the retrospective effect of the second notification was invalid because the amendment allowing retrospective application had not received the President's assent, as required by Article 304(b). However, the court noted that the entry tax collected was compensatory in nature, as it was used to compensate local bodies for the loss of octroi revenue. Therefore, the court held that the tax was compensatory and did not require the President's assent. Consequently, the Karnataka Act 8 of 1993 was deemed valid and enforceable.

Conclusion:

The court declared the impugned notifications ultra vires the State Government's powers under section 3(1) of the Act and violative of Article 304(a) of the Constitution. The authorities were directed to complete pending proceedings in accordance with the law as declared. No order as to costs was made.