2009 (3) TMI 926 - HC - VAT and Sales Tax

Central sales tax (CST) demanded on inter-State sale of waste cotton effected by the members of the association over and above four per cent - Central sales tax was sought to be levied at 10 per cent on the cotton waste not covered by C forms - Held that - In the light of the exemption granted under section 8(5) of the CST Act which is not conditional it is not open to the respondents to seek the submission of C forms as a condition precedent for availing of payment of CST at the rate of four per cent. Both the writ petitions stand allowed.

Issues Involved:
1. Demand of Central Sales Tax (CST) on inter-State sale of waste cotton above four percent.
2. Requirement of "C" forms for concessional CST rate.
3. Applicability of Supreme Court judgment in State of Rajasthan v. Sarvotam Vegetables Products.
4. Interpretation of Section 8(5) and Section 8(2)(b) of the CST Act.
5. Validity of State Government notification reducing CST rate.

Issue-wise Detailed Analysis:

1. Demand of Central Sales Tax (CST) on inter-State sale of waste cotton above four percent:
The Southern India Cotton Waste Merchants and Exporters Association filed a writ petition to prevent the respondents from demanding CST on inter-State sale of waste cotton exceeding four percent as per G.O. Ms. No. 693, CT and RE Department, dated June 19, 1982. The court ordered an interim injunction restraining the respondents from demanding more than four percent, which was later made absolute.

2. Requirement of "C" forms for concessional CST rate:
W.P. No. 615 of 1998 was filed by Abba Traders challenging the order demanding 10 percent CST on cotton waste not covered by "C" forms. Despite the State Government's notification reducing CST to four percent, authorities insisted on "C" forms, threatening a 10 percent tax in their absence. The Commissioner of Commercial Taxes cited the Supreme Court's decision in State of Rajasthan v. Sarvotam Vegetables Products, which necessitated "C" forms even if the CST rate was reduced under Section 8(5).

3. Applicability of Supreme Court judgment in State of Rajasthan v. Sarvotam Vegetables Products:
The petitioners argued that the Supreme Court judgment pertained to Section 8(1) (sales by registered dealers) and not Section 8(2)(b) (sales by unregistered dealers). They contended that the judgment did not consider Section 8(2)(a). However, the respondents maintained that the judgment applied to notifications under Section 8(5), making "C" forms mandatory for the concessional rate.

4. Interpretation of Section 8(5) and Section 8(2)(b) of the CST Act:
Section 8(5) allows the State Government to reduce the CST rate in public interest via notification. The exemption in this case was under Section 8(2)(b), which sets a 10 percent rate or the rate applicable within the State, whichever is higher. The court noted that the exemption under Section 8(5) was not conditional and did not require "C" forms for the four percent rate.

5. Validity of State Government notification reducing CST rate:
The court referred to the Supreme Court's interpretation in Sarvotam Vegetables Products, which emphasized that Section 8(5) is integral to Section 8 and must be consistent with the Act. However, the court distinguished this case, noting that the notification in question was unconditional. The Division Bench in Sree Ayyanar Spinning and Weaving Mills Limited v. State of Tamil Nadu also supported this view, indicating that the notification did not impose conditions related to Section 8(1).

Conclusion:
The court concluded that the exemption under Section 8(5) of the CST Act was unconditional, and the respondents could not demand "C" forms for the concessional four percent CST rate on inter-State sales of cotton waste. Both writ petitions were allowed, and the demand for more than four percent CST without "C" forms was invalidated. No order as to costs was made.

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