2006 (9) TMI 525 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to order of assessment for levying purchase tax on goods transferred out of the state and exported, interpretation of relevant tax laws, applicability of previous court judgments, release of bank guarantee.

Analysis:
The petitioner challenged the order of assessment by the Excise and Taxation Officer for levying purchase tax on the purchase value of cotton transferred to its head office at Bombay and exported out of the country. The tax was imposed based on the transfer of goods out of the state without a sale. The court referred to a previous case, Nipha Exports Pvt. Limited v. State of Haryana, where a similar issue was considered. The court in the previous case held that the movement of goods from one office to another for export should be considered as part of the export process. The tribunal in the current case erred in not applying the previous judgment correctly. The High Court set aside the levy of purchase tax based on the principles established in the previous case, thereby allowing the writ petition.

The judgment of the High Court was informed to have been upheld by the Supreme Court in State of Haryana v. Nipha Exports Pvt. Ltd. The assessment order clearly stated the levy of tax under section 9 of the Act on the purchase value of goods transferred to the head office and exported. The court confirmed that the export of goods outside the country by the head office was not disputed. Following the precedent set in Nipha Export's case, the court set aside the purchase tax levy on the petitioner for goods transferred to the head office and subsequently exported. As a result, the writ petition was allowed.

Additionally, the counsel for the petitioner mentioned that a bank guarantee was provided as per the court's order. The court directed the release of the bank guarantee to the petitioner, concluding this aspect of the judgment.