2001 (10) TMI 1134 - HC - VAT and Sales Tax

Summary

Issues:
1. Applicability of section 7-A of the Tamil Nadu General Sales Tax Act, 1959 on purchases made by the assessee.
2. Interpretation of the term "disposal" in the context of consumption of goods.
3. Impact of the Explanation I on the taxation of purchases made by the assessee.
4. Tax liability on purchases of petroleum products and furfural by the assessee.

Analysis:

Issue 1 - Applicability of section 7-A:
The assessing authority subjected the turnover of purchases made by the assessee to purchase tax under section 7-A of the Tamil Nadu General Sales Tax Act, 1959. The Deputy Commissioner and the Tribunal upheld the assessment under clause (b) of section 7-A(1). However, the counsel for the assessee argued against the applicability of clause (b) based on the interpretation of the term "disposal."

Issue 2 - Interpretation of "disposal":
The counsel for the assessee contended that consumption of goods does not amount to disposal unless there is a transfer of title or possession. Referring to legal precedents, it was argued that consumption for one's own purpose does not constitute disposal. The court emphasized that consumption does not equate to disposal, and the Tribunal's view that consumption of petroleum products amounts to disposal was erroneous.

Issue 3 - Impact of Explanation I:
The assessee purchased petroleum products from an oil company, which was exempt from tax under Explanation I. The court clarified that despite the exemption, the purchase remained taxable under section 7-A(1)(a) as the goods were consumed in the manufacture of other goods for sale. The Explanation did not absolve the purchase from taxation, as it recognized the sale between oil companies without exempting it from being considered a purchase.

Issue 4 - Tax liability on purchases:
The court held that the consumption of untaxed purchases by the assessee attracted section 7-A(1)(a) and rendered the assessee liable for tax. The court rejected arguments about the burden of tax on the assessee, emphasizing that the scheme requiring the assessee to sell products did not exempt the consumption from taxation. Additionally, the use of furfural in the manufacture of goods for sale also attracted tax liability under section 7-A(1)(a).

In conclusion, the court upheld the assessment under section 7-A(1)(a) despite disapproving of the Tribunal's reasoning, emphasizing the tax liability on the consumption of untaxed purchases by the assessee. The petitions were dismissed, affirming the tax assessment on the purchases made by the assessee.