2001 (12) TMI 840 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of the definition of "turnover" in the Tamil Nadu General Sales Tax Act, 1959.
2. Tax assessment on a manufacturer of fertiliser regarding the consideration for the sale of potash.
3. Application of the decision in Neyveli Lignite Corporation Limited v. Commercial Tax Officer to the present case.
4. Analysis of subsidy received under an administered scheme and its impact on the sale consideration.
5. Comparison with the decision in State of Tamil Nadu v. Kothari Sugars & Chemicals Ltd.
6. Examination of the scope of the term "turnover" based on the George Oakes (Private) Ltd. v. State of Madras case.
7. Determination of whether the concession received by the manufacturer forms part of the sale price for taxation.
8. Reference to the Tisco General Office Recreation Club v. State of Bihar case regarding subsidies.
9. Understanding of consideration in the context of the Sales Tax Laws and Sale of Goods Act.
10. Assessment of the Tribunal's order in light of the apex Court's interpretation.
11. Adjustment or refund of amounts paid during the legal proceedings.

Analysis:
1. The judgment delves into the interpretation of the term "turnover" in the Tamil Nadu General Sales Tax Act, emphasizing that the consideration for goods forms a crucial aspect. The Act does not necessitate the actual buyer's payment for an amount to be part of the turnover, focusing on the dealer receiving the consideration, irrespective of its source.

2. The case involves a manufacturer of fertiliser, challenged for tax assessment on the sale of potash under an administered scheme by the Central Government. The assessing authority considered the total amount received by the manufacturer as a concession and sale consideration, leading to the petitioner's appeal.

3. Reference is made to the Neyveli Lignite Corporation case to argue that the subsidy received under the administered scheme should not be considered part of the sale price for taxation, even though the product differs from the one in the cited case regarding the Fertiliser (Control) Order.

4. The court analyzes the subsidy under the scheme, highlighting that it aims to benefit the ultimate consumer by ensuring a reasonable price without creating an obligation between the manufacturer and the purchaser, thus not forming part of the sale price.

5. Drawing parallels with the Kothari Sugars & Chemicals case, the judgment emphasizes that the subsidy lacks a statutory basis and is not linked to any agreement between the manufacturer and the purchaser, further supporting the exclusion of the subsidy from the sale consideration.

6. Building on the George Oakes case, the court clarifies that only amounts flowing from the purchaser to the seller constitute the turnover, emphasizing that sums received from other entities, like the government, do not form part of the sale price subject to tax.

7. Ultimately, the court rules that the concession received by the manufacturer should not be considered as part of the sale price for taxation, aligning with the apex Court's interpretation and setting aside the Tribunal's order in favor of the petitioner.

8. The judgment also cites the Tisco General Office Recreation Club case to reinforce the principle that subsidies do not necessarily form part of the gross turnover, emphasizing the importance of the actual price fixed for the goods.

9. Considering the definition of consideration under the Sales Tax Laws and Sale of Goods Act, the court reiterates that amounts payable by others on behalf of the buyer are included, but sums received by the seller from other sources not involved in the sale agreement are excluded.

10. In conclusion, the Tribunal's order is deemed inconsistent with the apex Court's legal stance, leading to the allowance of the petitioner's original petition and the setting aside of the Tribunal's decision.

11. The judgment also addresses the adjustment or refund of amounts paid during the legal proceedings, ensuring fairness in financial matters related to the case.