2001 (1) TMI 958 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of entry No. 3 in the exemption notification regarding basic drugs used as raw material for manufacturing medicines.

Analysis:
The petitioner, a public limited company engaged in manufacturing drugs, sought quashing of an order by the Commissioner of Sales Tax demanding usual tax rates instead of concessional rates for basic drugs. The State Government had issued an exemption notification under the M.P. Commercial Tax Act, 1994, granting partial exemption to basic drugs used as raw material for medicines. The petitioner argued that the benefit should be based on the capability of the goods to be used in manufacturing other drugs, not on actual use. The Commissioner interpreted the notification as conditional, requiring fulfillment of specified conditions for granting the exemption. The petitioner challenged this interpretation, leading to the present writ petition.

The key question before the court was the true interpretation of entry No. 3 in the exemption notification. The petitioner contended that the words "when used as raw material for manufacture of medicines" after "basic drugs" were redundant and impracticable to enforce. However, the court disagreed, emphasizing that every word in a statute holds significance, and the notification's language must be given its natural meaning. The court ruled that the benefit of the exemption is contingent on the actual use of basic drugs as raw material for manufacturing medicines.

The court further held that the grant of exemption is conditional, requiring dealers to prove that the basic drugs are used in manufacturing other medicines to claim the benefit. While the petitioner raised concerns about the lack of clarity in the notification's drafting, the court maintained that it is the dealer's responsibility to demonstrate eligibility for the lesser tax rate. The court cited various authorities to support its interpretation and concluded that the objective of the exemption notification is to provide benefits based on fulfilling specified conditions.

Ultimately, the court found no merit in the petitioner's arguments and upheld the Commissioner's order, dismissing the petition. The court clarified that the dismissal does not preclude the petitioner from receiving the benefit if they satisfy the conditions of the exemption notification. Thus, the court affirmed the conditional nature of the exemption and the requirement for dealers to establish eligibility for the concessional tax rate on basic drugs used in manufacturing medicines.