2006 (9) TMI 524 - HC - VAT and Sales Tax

Summary

Issues involved: Determination of the applicable tax rate for a business engaged in tyre retreading works under the Kerala General Sales Tax Act, 1963.

Summary:
The revision petitions before the Kerala High Court arose from a common order by the Sales Tax Appellate Tribunal regarding the tax rate applicable to a petitioner-unit engaged in retreading tyres for the years 1990-91 to 1996-97. The petitioner argued that their work falls under the residuary entry 22 of the Fourth Schedule, warranting a lower tax rate. However, the assessing officer contended that the works contract should be taxed under a different entry due to the transfer of goods involved. The Appellate Assistant Commissioner and the Tribunal upheld the assessing officer's decision, leading to the filing of revision petitions.

The petitioner's counsel argued that the work undertaken is not a typical works contract involving goods transfer, but rather job-works, thus falling under the Fourth Schedule. They emphasized that the nature of the work does not align with the Tribunal's interpretation of the Fourth Schedule as pertaining only to constructions and installations.

In response, the Special Government Pleader defended the lower authorities' decisions, asserting that the works contract should be taxed under the First Schedule due to the transfer of goods. However, the High Court found the authorities' interpretation flawed, noting that the petitioner's tyre retreading work involves a unique process where goods are supplied by customers and returned after the job-work is completed. The Court concluded that even if the work is not strictly job-work, it should be taxed under the Fourth Schedule, specifically the residuary entry 22.

The Court clarified that while all materials used in the job-work are considered goods under the Act, the tyre retreading work falls under the residuary entry, and the authorities can verify the tax status of materials purchased from outside the State. Ultimately, the Court allowed the revision petitions, setting aside the lower authorities' orders and directing the assessing officer to issue new orders based on the judgment.