2010 (1) TMI 1129 - HC - VAT and Sales Tax

Whether the subject transaction was a loan transaction or a sale within the meaning of section 2(n) of the Tamil Nadu General Sales Tax Act and section 2(g) of the Central Sales Tax Act, 1956? Held that - The Central Government was expected to maintain uniform petroleum price throughout the territory of India. None of the States attempted to collect sales tax on the transaction. In case one among the States started collecting sales tax under the local or Central Sales Tax Act on the loan transaction, treating it as a sale, it would cause serious implications as the petroleum cost would be higher in those States which took the crude oil on loan from the refinery situated in the State of Tamil Nadu. The allocation as well as re-allocation were made before the ship entered the territorial waters of India. Therefore, there was no question of sale taking place within the jurisdiction of the State of Tamil Nadu so as to enable the sales tax authorities to treat the transaction as sale and to collect sales tax either under the Tamil Nadu General Sales Tax Act or under the Central Sales Tax Act. Therefore, necessarily, the transaction has to be treated as one of loan or barter and not sale. W.P. No. 9356 of 1998 is dismissed as infructuous. W.P. No. 9357 of 1998 is allowed. There will be a writ of declaration declaring the transaction in the name and style of procedure for loan transactions of crude oil between the oil companies pursuant to the procedure adopted by the Oil Co-ordination Committee as a simple barter or loan transaction without the element of sale.

Issues Involved:
1. Taxability of the transaction regarding the import of crude oil.
2. Nature of the loan transactions between oil companies.
3. Jurisdiction of the assessing authority.
4. Availability of alternative remedies.
5. Constitutionality and statutory powers of the Oil Co-ordination Committee.
6. Interpretation of "sale" under the Tamil Nadu General Sales Tax Act and Central Sales Tax Act.
7. Appropriate relief and writ jurisdiction under Article 226 of the Constitution of India.

Issue-wise Detailed Analysis:

1. Taxability of the transaction regarding the import of crude oil:
The core issue was whether the import and subsequent transactions of crude oil among oil companies were taxable as sales under the Tamil Nadu General Sales Tax Act and the Central Sales Tax Act. The court found that the transactions were loan transactions and not sales. The Oil Co-ordination Committee's scheme and the role of Indian Oil Corporation as the canalizing agent were central to this determination. The transactions were monitored and allocated by the Oil Co-ordination Committee to maintain uniform petroleum prices across India.

2. Nature of the loan transactions between oil companies:
The court examined the detailed procedure for loan transactions of crude oil, which included the allocation and re-allocation of crude oil among various refineries. These transactions were considered loans, not sales, as they involved the return of crude oil against security deposits without any transfer of property or sale consideration. The Oil Co-ordination Committee's role in these transactions was crucial, and the transactions were treated as barter or loan transactions.

3. Jurisdiction of the assessing authority:
The court addressed whether the assessing authority had jurisdiction to treat the transactions as sales. It was concluded that the assessing authority had the jurisdiction to assess the transactions but erred in treating them as sales. The court emphasized that the assessing authority's decision on the nature of the transaction was incorrect but within its jurisdiction.

4. Availability of alternative remedies:
The court noted that the petitioner had already availed of the alternative remedy by filing an appeal before the Deputy Commissioner (CT), Appeals, which remanded the matter for fresh consideration. Despite this, the court decided to address the issue substantively to avoid unnecessary delays and further litigation.

5. Constitutionality and statutory powers of the Oil Co-ordination Committee:
The Oil Co-ordination Committee was constituted by the Government of India under statutory powers to regulate the import, allocation, and distribution of crude oil. The court recognized the committee's role in maintaining uniform petroleum prices and coordinating the import and allocation of crude oil among refineries. The transactions were conducted under the committee's supervision, reinforcing their nature as loan transactions.

6. Interpretation of "sale" under the Tamil Nadu General Sales Tax Act and Central Sales Tax Act:
The court analyzed the definitions of "sale" under both Acts and concluded that the transactions did not meet the criteria for a sale. There was no transfer of property, no sale consideration, and the transactions were not conducted under a contract of sale. The transactions were treated as loans or barter, not sales, and thus not subject to sales tax.

7. Appropriate relief and writ jurisdiction under Article 226 of the Constitution of India:
The court exercised its powers under Article 226 to issue appropriate relief. It held that a writ of prohibition was not warranted as the assessing authority had jurisdiction, but its decision was incorrect. Instead, the court issued a writ of declaration, declaring the transactions as loan or barter transactions without the element of sale. This decision aimed to resolve the issue substantively and avoid further litigation.

Conclusion:
The court dismissed W.P. No. 9356 of 1998 as infructuous and allowed W.P. No. 9357 of 1998, issuing a writ of declaration that the transactions were loan or barter transactions without the element of sale. This decision was based on the statutory framework, the role of the Oil Co-ordination Committee, and the nature of the transactions, ensuring uniform petroleum prices and public interest.

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