2013 (8) TMI 890 - HC - VAT and Sales Tax

Whether tax under section 3C on voluntary contributions by members towards corpus of the society collection of rent for certain functions which was below the taxable minimum of 5, 000 and collection towards electricity charges at actual is right.

Summary

Issues Involved:
1. Liability of the petitioner to pay luxury tax on voluntary contributions by members towards the corpus of the society.
2. Liability to pay luxury tax on rent collected for certain functions below the taxable minimum of Rs. 5,000.
3. Liability to pay luxury tax on the collection of electricity charges at actual.

Detailed Analysis:

1. Liability of the petitioner to pay luxury tax on voluntary contributions by members towards the corpus of the society:
The petitioner-society argued that voluntary contributions made by members towards the corpus of the society should not be considered charges for the marriage hall and thus not liable to luxury tax under section 3C of the Karnataka Tax on Luxuries Act, 1979. The petitioner claimed that these donations were voluntary and not related to the letting out of the marriage hall. However, the court found that the donations were indeed connected to the use of the marriage hall. The materials on record indicated that the donors and the users of the hall were the same individuals, and the donations were made in relation to letting out the hall. The court noted that merely because donations were made after using the hall did not change their nature as charges for the hall. Therefore, the court concluded that the petitioner was liable to pay luxury tax on these donations under section 3C of the Act.

2. Liability to pay luxury tax on rent collected for certain functions below the taxable minimum of Rs. 5,000:
The petitioner contended that charges collected for certain functions were below the taxable minimum of Rs. 5,000 and should not be subject to luxury tax. However, the court referred to section 4AA(2) of the Act, which states that if luxury provided in a marriage hall is charged at a concessional rate or not charged at all, the tax shall be levied and collected as if full charges were paid. The court observed that the petitioner-society collected varying amounts of rent, some of which were below Rs. 5,000. Therefore, the Luxury Tax Officer rightly treated these concessional charges as full charges for the purpose of levying luxury tax. The court found no error in this approach and rejected the petitioner's contention.

3. Liability to pay luxury tax on the collection of electricity charges at actual:
The petitioner did not advance any submissions regarding the collection of electricity charges. Therefore, the court did not address this issue in detail. However, it was implied that the petitioner's liability to pay luxury tax on electricity charges collected at actual was upheld by the authorities below.

Conclusion:
The court dismissed the revision petition, affirming the orders of the authorities below. The court held that the petitioner was liable to pay luxury tax on voluntary contributions made by members towards the corpus of the society and on rent collected for certain functions below the taxable minimum of Rs. 5,000. The question of law framed by the court was answered in favor of the respondent and against the petitioner-assessee. The revision was disposed of with no order as to costs.