2010 (4) TMI 1008 - HC - VAT and Sales Tax

Whether refrigerators can be termed as electric goods? Held that - Refrigerator is covered under the electrical goods in item 16 of the notification issued under section 45A(4) on August 2, 2005. Appeal dismissed.

Issues Involved:
1. Whether refrigerators can be termed as electric goods under the Madhya Pradesh Commercial Tax Act, 1994.
2. Validity of the penalty imposed under section 45D of the Act for not carrying the required declaration form.
3. Interpretation and applicability of the notification issued under section 45A(4) of the Act.
4. Consideration of the petitioner's claim regarding the opportunity to submit the declaration form as per the circular dated October 17, 2002.

Issue-wise Detailed Analysis:

1. Whether refrigerators can be termed as electric goods under the Madhya Pradesh Commercial Tax Act, 1994:
The court examined whether refrigerators fall under the category of "electrical goods" as per the notification issued under section 45A(4) of the Act. The petitioner argued that refrigerators are separately listed in the Second Schedule and should not be considered electrical goods. The court considered several precedents, including *BPL Ltd. v. State of Andhra Pradesh* and *N.D. Narayanan Nambiar v. State of Kerala*, and concluded that refrigerators, being operated by electrical energy and answering the description of electrical goods, fall within the ambit of "electrical goods." The court emphasized that the term "electrical goods" has a wider connotation and includes items operated by electricity.

2. Validity of the penalty imposed under section 45D of the Act for not carrying the required declaration form:
The petitioner challenged the penalty imposed for not carrying the declaration form as required under section 45D(1) of the Act. The court noted that the petitioner did not carry the declaration form for one of the trucks transporting refrigerators, which is a violation of the requirement under section 45A(5). The court held that the imposition of the penalty was in accordance with the law, as the petitioner failed to produce the declaration form at any stage, which is essential to prevent or check the evasion of tax.

3. Interpretation and applicability of the notification issued under section 45A(4) of the Act:
The court analyzed the notification dated August 2, 2005, which listed "electrical goods, cables, and electric wires" under item 16. The petitioner contended that the absence of the phrase "all kinds of" in entry 16 indicated a limited scope. However, the court rejected this argument, stating that the term "electrical goods" itself is broad and includes refrigerators. The court emphasized that the notification aims to prevent tax evasion and should be interpreted to include all items operated by electrical energy.

4. Consideration of the petitioner's claim regarding the opportunity to submit the declaration form as per the circular dated October 17, 2002:
The petitioner argued that as per the circular, an opportunity should have been given to submit the declaration form before imposing the penalty. The court found that the petitioner did not request an opportunity to submit the declaration form at any stage and failed to produce it subsequently. The court held that the circular could not be invoked in this case, as the petitioner did not establish the facts necessary for its applicability. The court concluded that the penalty was justified due to the petitioner's failure to comply with the requirement of carrying the declaration form.

Conclusion:
The court dismissed the petition, holding that refrigerators are covered under the term "electrical goods" as per the notification issued under section 45A(4) of the Act. The imposition of the penalty for not carrying the required declaration form was upheld, and the petitioner's arguments regarding the opportunity to submit the form were rejected. The court emphasized the importance of preventing tax evasion and interpreted the relevant provisions and notifications accordingly.

← Previous Next →