1997 (7) TMI 637 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Validity of the impugned notifications reducing the Central Sales Tax on cement in Madhya Pradesh.
2. Alleged violation of Article 301 and Article 19(1)(g) of the Constitution of India.
3. Comparison with similar cases decided by the Supreme Court.
4. Economic justification provided by the State of Madhya Pradesh.
5. Compliance with the constitutional framework and Supreme Court precedents.

Detailed Analysis:

1. Validity of the Impugned Notifications:
The petitioners challenged the notifications dated July 3, 1993, March 30, 1994, and June 20, 1995, issued by the State Government under Section 8(5) of the Central Sales Tax Act, 1956. These notifications reduced the Central Sales Tax on cement from 12% to 8% and later to 6%. The court examined whether these notifications were valid under the law.

2. Alleged Violation of Article 301 and Article 19(1)(g) of the Constitution of India:
The petitioners argued that the notifications impeded the free flow of trade across states, violating Article 301, and created a discriminatory situation against dealers in Gujarat, thus infringing Article 19(1)(g). The court referred to the Supreme Court's decisions in Indian Cement Ltd. v. State of Andhra Pradesh and Shri Digvijay Cement Co. v. State of Rajasthan, which held that such tax variations affect free trade and commerce and create local preferences, contrary to Part XIII of the Constitution.

3. Comparison with Similar Cases Decided by the Supreme Court:
The court noted that the Supreme Court had previously quashed similar notifications in Indian Cement Ltd. v. State of Andhra Pradesh and Shri Digvijay Cement Co. v. State of Rajasthan. In these cases, the Supreme Court observed that taxation is a deterrent against free-flow and that any variation in tax rates for inter-state sales creates a local preference, violating the scheme of Part XIII of the Constitution.

4. Economic Justification Provided by the State of Madhya Pradesh:
The State of Madhya Pradesh contended that the notifications were issued in the public interest to augment state revenue and promote economic advancement in a comparatively backward state. The state argued that the reduced tax rates were necessary to attract cement manufacturers and exploit natural resources like limestone and coal. However, the court found that such economic measures, although aimed at public interest, must comply with the constitutional framework.

5. Compliance with the Constitutional Framework and Supreme Court Precedents:
The court emphasized that any economic measures undertaken by a state must align with the Constitution and the law laid down by the Supreme Court. The court reiterated the Supreme Court's stance that tax variations affecting inter-state trade and commerce are not sustainable, as they create a preference for local goods and impede the free flow of trade. The court also referenced the Supreme Court's decision in Firm A.T.B. Mehtab Majid & Co. v. State of Madras, which held that discriminatory sales tax affecting the free flow of trade is violative of Article 301.

Conclusion:
The court allowed the petitions and quashed the impugned notifications dated July 3, 1993, March 30, 1994, and June 20, 1995. The court held that the notifications were unconstitutional as they violated Article 301 and the principles laid down by the Supreme Court regarding free trade and commerce. The court ordered that the security amount, if any, be refunded to the petitioners. No order as to costs was made.