1998 (8) TMI 590 - AT - VAT and Sales Tax

Summary

Issues Involved:
1. Legality of the assessment orders and subsequent appeal and revision orders.
2. Acceptance of declaration forms for concessional tax rates.
3. Taxability of canteen sales.

Detailed Analysis:

1. Legality of the Assessment Orders and Subsequent Appeal and Revision Orders:
The applicant, a public limited company registered under the Bengal Finance (Sales Tax) Act, 1941 and the West Bengal Sales Tax Act, 1954, challenged the assessment orders dated August 7, 1984, July 11, 1986, and September 30, 1997, which levied additional tax demands. The applicant contended that these orders were illegal and sought to restrain the Certificate Officer from further realizing the impugned demands. The assessment included a demand of Rs. 3,00,587.17 for sales without requisite declaration forms and Rs. 2,31,858.06 for canteen sales.

2. Acceptance of Declaration Forms for Concessional Tax Rates:
The applicant argued that declarations received for Rs. 11,62,003.32 should be accepted under rule 27A(9) of the Bengal Sales Tax Rules, 1941, and the penalty of Rs. 25,000 should be deleted. The applicant provided an affidavit and bill copies to demonstrate due diligence in obtaining the forms. However, the Board did not consider these documents, finding the applicant's efforts insufficient. The respondents argued that the applicant failed to produce the forms at the time of assessment and did not show sufficient cause for the delay. The Board found the letters produced by the applicant to be of doubtful nature and not inspiring confidence. The Tribunal held that the Board's decision to reject the declaration forms was valid, as the applicant failed to demonstrate genuine efforts to obtain the forms.

3. Taxability of Canteen Sales:
The applicant contended that canteen sales should not be taxed as they were not part of the business but a service rendered to employees in compliance with legal mandates. The applicant cited decisions from the Madhya Pradesh High Court and Andhra Pradesh High Court to support this argument. However, the respondents argued that the definition of "business" under the Bengal Finance (Sales Tax) Act, 1941, included transactions incidental to the main business, regardless of profit motive. The Tribunal compared the definitions of "business" under the Bengal Finance (Sales Tax) Act, 1941, and the Madras General Sales Tax Act, 1959, finding them virtually identical. The Supreme Court's decision in the case of State of Tamil Nadu v. Burmah Shell Oil Storage and Distributing Co. of India Ltd. [1973] 31 STC 426 was found applicable, which held that canteen sales are liable to sales tax. Consequently, the Tribunal held that the applicant's canteen sales were taxable.

Conclusion:
The application was rejected, and the Tribunal upheld the assessment orders and the taxability of canteen sales. The Tribunal found no sufficient cause to accept the declaration forms at the revision stage and validated the Board's decision to reject them. The applicant's arguments regarding the non-taxability of canteen sales were also dismissed based on the Supreme Court's interpretation of similar statutory provisions.