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2003 (10) TMI 628 - HC - VAT and Sales Tax
Issues:
1. Transit pass issuance and tax liability for goods passing through the State en route to another State. 2. Authority of checkpost officials to detain goods and impose tax based on suspicion without proper compliance with legal provisions. Analysis: Issue 1: The petitions raised the question of transit pass issuance and tax liability for goods passing through the State en route to another State. The petitioners, engaged in the business of selling chicken and fish, faced difficulties when checkpost authorities failed to issue transit passes as required under the Kerala General Sales Tax Act, 1963. The petitioners argued that unless goods are sold within the State, there is no liability to pay sales tax. Section 30B of the Act mandates obtaining a transit pass for goods passing through the State, and failure to do so may lead to a presumption of tax liability. The judgment emphasized that tax liability only arises when goods are sold or presumed to have been sold within the State. The court declared that the refusal to issue transit passes and impose tax based on mere suspicion, as seen in the case, was unwarranted and illegal. Issue 2: The second issue involved the authority of checkpost officials to detain goods and impose tax based on suspicion without proper compliance with legal provisions. The judgment highlighted that the authorities cannot impose tax solely on suspicion without valid grounds. The court emphasized that the petitioner's grievances were genuine, as the transit passes were not issued at the first check-post, leading to the imposition of tax based on suspicion. The judgment directed the respondents to give necessary instructions to comply with the legal provisions regarding transit pass issuance and tax liability for goods passing through the State en route to another State. In conclusion, the court ruled in favor of the petitioners, declaring that they were entitled to transit passes as per the legal provisions and that imposing tax based on suspicion without compliance with the law was unjustified. The judgment directed the authorities to issue transit passes promptly and consider refunding the amount already paid by the petitioners.
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