2007 (6) TMI 502 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of turnover under the CST Act for the year 1997-98, claiming exemption for inter-State coolie printing receipts and printing works done for a single user, rejection of exemption claim by assessing officer, confirmation of assessment order by first appellate authority, appeal to Tribunal, Tribunal's decision in favor of the assessee, challenge to the correctness of Tribunal's order.

Analysis:
For the assessment year 1997-98, the assessee reported a total turnover of Rs. 58,99,762.45 and taxable turnover of Rs. 4,47,442.65 under the CST Act. The assessee claimed exemption for Rs. 2,31,983 as inter-State coolie printing receipts and Rs. 52,20,336.80 as printing works intended for a single user. However, the assessing officer rejected the exemption claim, treating the transaction as an outright sale rather than a works contract, and taxed the turnover at ten percent. The first appellate authority upheld the assessment order, leading the assessee to appeal to the Tribunal, the final fact-finding authority. The Tribunal, citing a previous order in a similar case, allowed the appeal filed by the assessee, prompting a challenge to the correctness of the Tribunal's decision.

Upon review, the Court noted that the transaction involved the printing of labels specifically designed for a particular customer, which aligns with the definition of a works contract as established in previous legal precedents. Referring to judgments by the Supreme Court in relevant cases, the Court emphasized that when the finished product supplied to a customer is not a commercial commodity that can be sold to others, the transaction qualifies as a works contract. In light of this legal principle and the absence of evidence supporting a different interpretation of the transaction, the Court concurred with the decisions of the assessing authority and the Tribunal. Consequently, the Court dismissed the writ petition challenging the Tribunal's order, without imposing any costs.