1997 (11) TMI 504 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of section 6(2) of the CST Act regarding exemption from tax on subsequent sales during the movement of goods.
2. Assessment of liability to tax on inter-State sales under the CST Act.
3. Requirement of certificate of registration for exemption under section 6(2) of the CST Act.

Analysis:
The High Court of Madras addressed the revision filed by the Revenue against the Tamil Nadu Sales Tax Appellate Tribunal's order related to the assessment year 1984-85 under the Central Sales Tax Act, 1956. The case involved an assessee dealing in paper and plywoods, where the assessing officer taxed an inter-State sale at 4% due to the lack of an E1 form certificate. The Appellate Assistant Commissioner upheld this decision, but the Tribunal later allowed the appeal, leading to the present action (T.C. (R) No. 1041 of 1990).

The main issue was whether the subsequent sale of goods during transit to another registered dealer in Madras was exempt from tax under section 6(2) of the CST Act. The court analyzed the scheme of taxation under the CST Act, focusing on sections 3, 4, 5, 6, 6A, 7, 8, and 9, which determine liability to tax on inter-State sales and the requirements for exemption.

The court emphasized the need for the assessee to have a certificate of registration covering the goods purchased on inter-State sale for the purpose of resale to qualify for exemption under section 6(2) of the CST Act. Since this aspect was not considered in the previous proceedings, the court remitted the case back to the assessing officer for a fresh assessment.

The court acknowledged the assistance provided by learned Senior Counsel during the proceedings and disposed of the revision without costs. The judgment highlighted the importance of proper documentation and compliance with statutory provisions for claiming exemptions under the CST Act, ultimately emphasizing the need for a thorough reevaluation of the case based on the legal observations made by the court.