2004 (4) TMI 550 - HC - VAT and Sales Tax

Summary

Issues:
1. Refund of sales tax deduction on supply of blankets from Haryana to Bihar.
2. Determination of whether the transaction is an inter-State sale or intra-State sale.

Analysis:
1. The petitioner, a firm from Haryana, filed a writ application seeking a refund of the amount deducted from their bills by the State of Bihar on account of sales tax on the supply of blankets. The petitioner argued that since the supply was a result of inter-State trade, no sales tax should be applicable under the Bihar Finance Act, 1981. The State, in response, contended that the supply of blankets was a local sale within Bihar and not an inter-State sale. The key issue was whether the transaction qualified as an inter-State sale, exempting the petitioner from sales tax liability.

2. The Court examined the facts of the case to determine if the conditions for an inter-State sale were met. It was established that there was a contract of sale between the parties, with the petitioner supplying blankets from Haryana to Bihar as per the supply order. The goods physically moved from one state to another due to the acceptance of the tender and issuance of the supply order. The quality inspection and payment process further supported the inter-State nature of the transaction. As all three essential conditions for an inter-State sale were satisfied, the Court concluded that the sale indeed took place in the course of inter-State trade.

3. Relying on legal precedents and the Constitution Bench judgment in State of A.P. v. National Thermal Power Corporation Ltd., the Court emphasized the requirements for an inter-State sale, highlighting the need for a contract of sale, movement of goods across states, and the conclusion of the sale in another state. Based on these principles, the Court held that the petitioner was not liable to pay sales tax or additional tax under the Bihar Finance Act. The orders for tax deduction were deemed unjustified and illegal, leading to a direction for the refund of the deducted amount to the petitioner within three months.

4. In conclusion, the writ application was allowed, affirming that the State lacked authority to charge sales tax or additional tax on the transactions in question. The Court's decision favored the petitioner, establishing the inter-State nature of the sale and directing the refund of the deducted tax amount.