2007 (4) TMI 654 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether purchases made on behalf of ex-U.P. principal were in the course of inter-State purchases.
2. Applicability of Division Bench decision in Mukund Lal Banarasi Lal case.
3. Interpretation of Section 3 of the Central Sales Tax Act.
4. Consideration of facts and circumstances by the Tribunal in determining the nature of purchases.

Analysis:

1. The applicant claimed that purchases made on behalf of ex-U.P. principal were not accepted by authorities. The applicant contended that the purchases were in the course of inter-State purchases, supported by the issuance of form IIIC(1) and charging of purchase tax. However, the Tribunal found otherwise, considering the presence of buyers on the spot and subsequent movement of goods outside the State of U.P. The court referred to the judgment in Commissioner of Sales Tax v. Bakhtawar Lal Kailash Chand Arhti, emphasizing that purchases made for ex-U.P. principal and moved outside the state as per their desire do not qualify as inter-State purchases.

2. The counsel for the applicant relied on the Division Bench decision in Mukund Lal Banarasi Lal case to support their argument. The court acknowledged the relevance of this precedent but ultimately disagreed with the applicant's interpretation. Despite the issuance of form IIIC(1), the charging of purchase tax was considered a significant factor against the applicant, as confirmed by the assessing officer and the first appellate authority.

3. The interpretation of Section 3 of the Central Sales Tax Act was crucial in determining the nature of purchases. The court deliberated on whether the goods being moved outside the State of U.P. after local purchases would fall under the provisions of the Central Sales Tax Act. The Tribunal's assessment of the facts and circumstances played a pivotal role in this regard, with a focus on the applicant's actions and the documentary evidence provided.

4. The Tribunal's detailed consideration of the explanation provided by the applicant, along with the bills issued and the charging of purchase tax, led to the conclusion that the purchases were made in the name of the applicant, not the ex-U.P. principal. This observation aligned with the first appellate authority's finding that the purchases recorded in the applicant's account books were local State purchases. Consequently, both revisions were dismissed based on the established facts and legal interpretations, with no costs imposed.