1997 (4) TMI 486 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to order on taxation of iron scrap sales under U.P. Trade Tax Act.

Analysis:
The revision petition challenged the Trade Tax Tribunal's order taxing the sale of iron scrap made by the dealer. The assessing officer estimated the turnover, exempting sales made against form III-B and taxing the rest of the sales. The Assistant Commissioner held the sales taxable only when made by a manufacturer or importer, determining the dealer not falling under these categories. However, the Tribunal considered the dealer a manufacturer based on the definition in the U.P. Trade Tax Act.

The Tribunal's decision was based on the definitions of "manufacture" and "manufacturer" in the Act. The Tribunal held that the dealer, engaged in collecting scrap, qualifies as a manufacturer as per the Act's provisions. The assessing officer's order and the Tribunal's decision differed on whether the dealer's activities constituted manufacturing under the Act.

The High Court analyzed the Tribunal's decision and the Act's definitions. It noted that the dealer purchased scrap from unregistered dealers, which did not align with the Act's definition of manufacturing. The Court emphasized that the dealer's sales were not the first sale of the goods, as required by the Act for taxation. The Court found no legal provision justifying the taxation of the dealer's iron scrap sales under the circumstances presented.

Conclusively, the High Court deemed the Tribunal's order legally erroneous and set it aside. The revision petition was allowed, dismissing the Commissioner's second appeal. Each party was directed to bear their own costs in the matter.