9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (11) TMI 556 - HC - VAT and Sales Tax
Issues involved:
The judgment involves the interpretation of whether the sales were in the course of export of goods out of India and the applicability of a specific legal precedent to the case. Interpretation of sales in the course of export: The assessee exported shoes to USSR through the State Trading Corporation (STC) with all necessary documents submitted after the goods entered the export stream. The Tribunal considered the time taken for a ship to cross India's territorial waters and concluded that since payments were made after the goods crossed the territorial waters, the sales were deemed to have taken place in the high seas and in the exportation stream. A similar procedure was followed for goods sent by air, with payments made only after the goods left the customs frontiers of India by aircraft. Applicability of legal precedent: The Tribunal considered the decision in Mod. Serajuddin v. State of Orissa, where it was held that integrated transactions alone could not occasion the sale in the course of export of goods. In the present case, unlike in the mentioned precedent, the facts on record showed that the sale of goods took place after crossing the custom frontiers by both ship and aircraft. Legal interpretation and conclusion: Referring to section 5(1) of the Central Sales Tax Act, which deems a sale to take place in the course of export if it occasions such export or is effected after crossing customs frontiers, the Court found that the sales in this case occurred after the goods had crossed the customs frontiers by both ship and aircraft. As the Tribunal's factual determination was not challenged as perverse, the Court held that no sales tax would be leviable on the transactions, answering both questions in favor of the assessee and against the Revenue. Disposition: The reference under section 45(1) of the Act was disposed of accordingly, with the Court ruling in favor of the assessee based on the factual findings and legal interpretation presented.
|
