2003 (9) TMI 711 - HC - VAT and Sales Tax

Summary

Issues:
1. Liability to pay turnover tax on commission sales turnover.
2. Interpretation of Notification S.R.O. No. 717/88 and its impact on turnover tax liability.
3. Effect of Notification S.R.O. No. 1008/91 on turnover tax liability.
4. Applicability of judgments in similar cases on turnover tax liability of commission agents.

Analysis:
1. The case involved the assessment of turnover tax on commission sales turnover by the assessee, a partnership concern dealing in hill produce. The assessee contended that it was not liable to pay turnover tax under section 5(2A) of the Act on the turnover of commission sales. However, this contention was not accepted by the assessing authority, first Appellate Authority, and the Tribunal. The Tribunal considered whether the petitioner was liable to turnover tax on the total turnover, including goods sold on commission basis for principals. A previous Full Bench decision affirmed by the Court established that turnover tax includes the purchase value of goods sold on commission basis.

2. The petitioner argued based on Notification S.R.O. No. 717/88, claiming that liability was only on the registered dealer for whom they acted as commission agents. However, the government pleader contended that this notification was superseded by Notification S.R.O. No. 1008/91, making the assessee liable to pay turnover tax at all points of purchases in the State. The Court noted that the latter notification applied from August 1, 1991, and for the period before that, the earlier notification would apply. A division Bench judgment clarified that commission agents are also liable to turnover tax on goods sold for registered dealer principals.

3. The Court referenced previous judgments, including one in which a division Bench concluded that commission agents are liable to turnover tax on goods sold for registered dealer principals. The Court found no merit in the revision petition and dismissed it based on the precedents and established interpretations of the law. The judgment emphasized the consistent application of the law in similar cases and upheld the liability of commission agents to pay turnover tax on sales made on behalf of principals who are registered dealers.

This detailed analysis of the judgment highlights the key issues of liability to pay turnover tax on commission sales turnover, the interpretation and impact of relevant notifications, and the applicability of previous judgments in determining the turnover tax liability of commission agents.