2012 (3) TMI 384 - HC - VAT and Sales Tax

Validity of levy of purchase tax on the transaction of turnover of purchase of raw material, i.e., oil-seeds referable to oil-cake transferred outside the State on consignment basis in which event no sales tax is attracted Held that - In the present case, the cotton seed purchased by the dealerpetitioner was subjected to manufacturing process. It resulted into extraction of oil which was the primary product. However, it also brought into existence the oil-cakes (khal). The undisputed facts are that the oil so extracted and a part of oil-cakes were sold in the State of Punjab and on account of the provisions made in section 5(2)(a)(ii) of the Act such sales were not to be included in the taxable turnover. However, purchase tax on such purchase made by the dealer-assessee is leviable under section 4B of the Act in respect of those transactions which are not to be included in the taxable turnover under section 5(2)(a)(ii) of the Act. The sale of oil-cakes outside the State of Punjab is not covered by any of the clauses of section 5(2)(a)(ii) of the Act. Therefore, the event of tax would come into existence on such purchases of the cotton seed to the extent the by-product oil-cakes has been sold outside the State of Punjab. Do not find any reason to interfere with the order passed by the statutory authorities levying purchase tax on the purchase value of oil-seeds referable to the production of oil-cakes which is disposed of by way of stock transfer in a situation where on sales tax is attracted. W.P. dismissed.

Issues Involved:
1. Validity of levy of purchase tax on the turnover of purchase of raw material (oil-seeds) referable to oil-cake transferred outside the State on a consignment basis.
2. Whether oil-cakes, being a by-product, can be subjected to purchase tax.
3. Applicability of sections 10 and 12 of the Assam Value Added Tax Act, 2003.
4. Relevance of judicial precedents, including the Supreme Court's judgment in Hotel Balaji v. State of Andhra Pradesh and the Punjab and Haryana High Court's judgment in Shri Krishna Oil and General Mills v. State of Punjab.

Detailed Analysis:

1. Validity of Levy of Purchase Tax on Raw Material (Oil-Seeds) Referable to Oil-Cake Transferred Outside the State:
The primary issue was whether the levy of purchase tax on the transaction of turnover of purchase of raw material (oil-seeds) referable to oil-cake transferred outside the State on a consignment basis was valid. The court held that since no sales tax was attracted under section 10 on such transactions, the levy of purchase tax under section 12 was clearly applicable. The court referenced section 12, which mandates purchase tax on goods used or disposed of other than by way of sale in the State, including stock transfers outside the State.

2. Whether Oil-Cakes, Being a By-Product, Can Be Subjected to Purchase Tax:
The petitioner contended that oil-cakes, being merely a by-product of oil production, should not be subjected to purchase tax. However, the court dismissed this argument, noting that the value of mustard oil-cake was significant and could not be considered wastage. The court emphasized that oil-cakes were a product of manufacture and included in the petitioner's registration certificate as a commodity dealt with by the petitioner.

3. Applicability of Sections 10 and 12 of the Assam Value Added Tax Act, 2003:
The court examined the statutory provisions of sections 10 and 12. Section 10 relates to the levy of tax on sales, while section 12 pertains to the levy of tax on purchases where no tax is leviable on the sale price. The court concluded that section 12 was applicable in this case since the oil-cakes were disposed of by way of stock transfer, and no tax under section 10 was leviable on such transactions.

4. Relevance of Judicial Precedents:
The court relied on the Supreme Court's judgment in Hotel Balaji v. State of Andhra Pradesh and the Punjab and Haryana High Court's judgment in Shri Krishna Oil and General Mills v. State of Punjab. These judgments supported the view that purchase tax could be levied on raw materials used in the manufacture of goods that are disposed of outside the State or otherwise than by way of sale within the State. The court highlighted the policy underlying such provisions, which aims to ensure that the State does not lose revenue when manufactured goods are not sold within the State.

Conclusion:
The court dismissed the petitions, upholding the validity of the levy of purchase tax on the purchase value of oil-seeds referable to the production of oil-cakes disposed of by way of stock transfer in situations where no sales tax is attracted. The court found no reason to interfere with the statutory authorities' orders levying purchase tax, aligning with the judicial precedents and statutory provisions.

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