1999 (2) TMI 637 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Entitlement to exemption from tax on amounts received towards execution of works contract.
2. Whether the replacement of parts in the place of old parts amounts to sale.
3. Taxability of goods consumed during the maintenance process.

Summary:

Issue 1: Entitlement to exemption from tax on amounts received towards execution of works contract
The petitioner, a public limited company dealing in xerox machines, parts, and accessories, filed a return disclosing total and taxable turnovers. The assessing authority rejected the declared turnovers and determined higher turnovers, holding that the petitioner is not entitled to exemption from tax on amounts received towards execution of works contract. The petitioner contended that the agreements (SSMA and FSMA) were purely service contracts with no element of sale, thus not attracting section 5B of the Karnataka Sales Tax Act, 1957. The Appellate Tribunal dismissed the appeal, leading to the filing of this revision petition.

Issue 2: Whether the replacement of parts in the place of old parts amounts to sale
The court examined whether the replacement of parts under FSMA and SSMA contracts constituted a sale. The agreements allowed the petitioner to replace worn-out parts without charge and take away the old parts. The court held that the replacement of parts and the right to take away worn-out parts implied a transfer of property, making the consumer the owner of the new parts. The payment of 0.27 paise per copy and Rs. 7,000 per annum included the price of the goods supplied, thus constituting a sale for valuable consideration as per the definition of "sale" u/s 2(t) of the Act.

Issue 3: Taxability of goods consumed during the maintenance process
The court differentiated between goods that remain in existence after use and those that do not. It held that the supply of spare parts, toner, and developer, which remain in existence in some form, amounts to a sale. However, the supply of fuse oil, which is consumed during the process and does not remain in any tangible form, does not constitute a sale. Therefore, the court directed the assessing authority to exempt the value of the fuse oil supplied from payment of sales tax.

Conclusion:
The petition was allowed in part, exempting the value of the fuse oil supplied from sales tax, while confirming the judgment of the appellate authority and assessing authority in other respects.