2013 (5) TMI 772 - HC - VAT and Sales Tax

Separate C forms - whether for a single transaction of sale between the same two dealers in connection whereto goods are delivered at one point of time in the next quarter of a financial year, separate form C is required for availing of the benefit under section 8(4) of the Act? Held that - A transaction of sale gets completed with the delivery of the goods therefore, what is relevant is the date of completion of the transaction not the date of initiation of the transaction. The date of completion being one, a single declaration/certificate is sufficient but the situation would be different where the date of completion of the transaction is spread over into different quarters of a financial year in which case separate declarations/certificates would be necessary. The question posed above is answered in favour of the assessee-revisionist and held that in respect of single delivery of goods in one quarter of a financial year separate declaration/certificates in forms C and D are not necessary and a single form C would suffice the purpose. Revision allowed.

Summary

Issues:
Interpretation of rule 12(1) of the Central Sales Tax (Registration and Turnover) Rules, 1957 regarding the requirement of separate form C for availing benefits under section 8(4) of the Act for a single transaction of sale spread over different quarters of a financial year.

Analysis:
The judgment pertains to a revision related to the assessment year 2009-10 under the Central Sales Tax Act, 1956. The main issue for consideration was whether a single transaction of sale between the same two dealers, with goods delivered at one point in the next quarter of a financial year, necessitates separate form C for availing benefits under section 8(4) of the Act. The assessee-revisionist, dealing in pharmaceuticals, supplied products to another party under different invoices in the first quarter, but delivery occurred in the next quarter, leading to the claim of benefit under section 8(4) using a single form C for each transaction.

The authorities contended that due to the transaction spreading over two quarters, separate form Cs were required as per the third proviso to rule 12(1) of the Rules, leading to the denial of benefits. However, the revisionist argued that since the delivery happened in one quarter of the same financial year, a single form C sufficed for claiming the concessional rate of tax under section 8(4).

The court analyzed rule 12(1) of the Rules, emphasizing that the third proviso mandates separate declarations or certificates for transactions where goods' delivery spans different quarters of a financial year. It clarified that the provision does not apply when the delivery occurs only once in a specific quarter of the financial year, as in this case. The court highlighted the importance of the completion date of the transaction rather than its initiation date, stating that a single form C suffices when the transaction completes in one quarter, while multiple declarations are needed if completion spans different quarters.

Consequently, the court ruled in favor of the assessee-revisionist, holding that for a single delivery of goods in one quarter of a financial year, separate form Cs were not required, and a single form C was adequate. The impugned orders were set aside, directing the assessing authority to issue a fresh order considering the transaction covered by a single form C. The revision was allowed without costs.