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2009 (1) TMI 821 - HC - VAT and Sales TaxCircular dated June 10, 2002, issued by the Special Commissioner and Commissioner of Commercial Tax, Chennai, challenged directing that in cases where notifications have been issued under section 8(5) of the Central Sales Tax Act, 1956, C/D form is essential - Held that - In view of the specific stand of the learned counsel for the respondents and considering the merits of the case that the amendment is not applicable to the sales effected by any registered dealer of scientific equipment and instruments to educational institutions for use in teaching science or to hospitals the circular memorandum, dated June 10, 2002 is liable to be set aside, insofar as the petitioners are concerned and accordingly, set aside. Consequently, the order, dated March 31, 2008 passed by the Commercial Tax Officer, Thiruvanmiyur Assessment Circle, disallowing the concessional rate of tax at five per cent on the sales to educational institutions (impugned in W.P. No. 16154 of 2008) is set aside.
Issues:
Challenge of circular dated June 10, 2002 regarding C/D form requirement for concessional rate of tax on sales of scientific instruments to educational institutions. Analysis: The judgment involved the challenge of a circular dated June 10, 2002, issued by the Special Commissioner and Commissioner of Commercial Tax, Chennai, regarding the requirement of C/D forms for concessional tax rates on sales of scientific instruments to educational institutions. The petitioners, registered dealers of scientific instruments, contended that the circular and subsequent orders denied them the benefit of concessional tax rates on sales to educational institutions and hospitals, as per Notification No. II(1) CT & RE/38/76 dated December 20, 1975. The petitioners argued that the amendment under section 8(5) of the Central Sales Tax Act brought by Act 20 of 2002 should only apply to sales to registered dealers and the Government, not educational institutions. They further contended that the circular's interpretation contradicted the text of section 8(5)(b) which mentions sales to registered dealers and unregistered dealers without requiring C declaration forms. The court examined section 8(5) of the Central Sales Tax Act as amended by Act 20 of 2002, which allows for concessional tax rates on sales to registered dealers or the Government. The court noted that the petitioners, being registered dealers of scientific instruments to educational institutions and hospitals, were entitled to the concessional rate of tax as per the 1975 notification. The court emphasized that the notification did not mandate the production of C/D forms for claiming the concessional rate of tax. Despite this, the Department erroneously applied the 2002 amendment to disallow the concessional rate of tax to educational institutions. The court agreed with the petitioners that the 2002 amendment should not affect sales of scientific instruments to educational institutions and hospitals. The court highlighted that even after the amendment, a government order from 1988 had not been rescinded, entitling the petitioners to the concessional rate of tax. Consequently, the court set aside the circular memorandum dated June 10, 2002, and the order disallowing the concessional rate of tax on sales to educational institutions was also set aside. The writ petitions were allowed, and no costs were imposed, leading to the closure of connected miscellaneous petitions.
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