2002 (9) TMI 805 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of the nature of the sale transaction by the assessee.
2. Assessment of inter-State sale without physical movement of goods.
3. Application of statutory provisions for assessment of subsequent inter-State sale.

Issue 1: Interpretation of the nature of the sale transaction by the assessee:
The assessee, a registered dealer in Kerala, obtained a purchase order from Tata Tea Limited for the supply of barbed wire to be delivered in Tamil Nadu. The assessee placed a supply order with a Calcutta supplier and claimed exemption under section 6(2) of the Central Sales Tax Act for the subsequent inter-State sale to Tata Tea Ltd. The assessing officer proposed disallowance of the exemption, leading the assessee to change their stance to claim the transaction as a local sale in Tamil Nadu. The Tribunal held that the transaction was a local sale, which was deemed incorrect as the assessee's claim was initially based on inter-State sale under section 6(2) supported by the E1 form.

Issue 2: Assessment of inter-State sale without physical movement of goods:
The Tribunal's finding that the transaction was a local sale in Tamil Nadu was challenged. It was argued that inter-State movement of goods is a prerequisite for assessment under the Central Sales Tax Act. In this case, there was inter-State movement from the Calcutta supplier to the assessee, followed by a subsequent sale to Tata Tea Ltd. The assessing officer rejected the exemption claim under section 6(2) due to the absence of the C form from the buyer. The Tribunal's conclusion of a local sale lacked substance, and the proviso to section 9(1) authorized assessment in Kerala where the C form was obtained by the dealer.

Issue 3: Application of statutory provisions for assessment of subsequent inter-State sale:
The assessment was made in compliance with statutory provisions, as the subsequent sale was assessable in Kerala based on the C form issued by the assessee for the inter-State purchase. The Tribunal's erroneous assumption regarding the nature of the sale transaction led to the incorrect finding of a local sale. The Tribunal's decision was overturned, and the assessment order confirmed in the first appeal was restored, as the claim under section 6(2) was disallowed, precluding assessment at a concessional rate.

In conclusion, the High Court allowed the tax revision case, setting aside the Tribunal's order and reinstating the assessment order confirmed in the first appeal, emphasizing the correct interpretation of the sale transaction and application of statutory provisions for assessment of inter-State sales.