2011 (12) TMI 649 - AAAR - VAT and Sales Tax

Summary

Issues Involved:
1. Whether the transactions in question were sales in the course of inter-State trade u/s 3 of the Central Sales Tax Act, 1956.
2. Whether the authorities below correctly appreciated the legal effect of the documents and circumstances.
3. Direction for transfer of refundable tax amount between States.

Summary:

1. Inter-State Trade Determination:
The appellant, a public sector company, challenged the assessment of sales tax on transactions involving the supply of zinc to IISCO and TISCO. The assessing officer issued a show-cause notice indicating that the movement of goods was occasioned by purchase orders placed by IISCO and TISCO on the appellant's branch office in Calcutta. The appellant contended that the goods were transferred by way of stock transfer and sold in West Bengal, not involving inter-State movement u/s 3 and 6 of the Act. However, the assessing officer, appellate authority, and Sales Tax Appellate Tribunal concluded that the sales were in the course of inter-State trade, triggered by firm orders from IISCO and TISCO, thus liable to tax.

2. Legal Effect of Documents and Circumstances:
The appellant argued that the authorities below failed to properly understand the significance of documents showing the appellant as both consignor and consignee. The Tribunal, however, found that the movement of goods was triggered by purchase orders, and the mere fact that deliveries were effected subsequently by the Calcutta office was immaterial. The Tribunal assessed the entire facts and circumstances, including the terms of the purchase orders and the forfeiture clause, to conclude that the transactions were inter-State sales. The Tribunal's decision was based on an appreciation of the facts and circumstances, supported by relevant case law, including Balabhagas Hulaschand v. State of Orissa.

3. Transfer of Refundable Tax Amount:
The appellant requested a direction for the States of West Bengal and Jharkhand to transfer the refundable tax amount to the State of Andhra Pradesh. The court directed the States of West Bengal and Jharkhand to transfer the refundable amount of tax to Andhra Pradesh, as the tax under the Act was due to Andhra Pradesh for the transactions in question.

Conclusion:
The appeal was dismissed, confirming the order of the Appellate Tribunal. The court directed the States of West Bengal and Jharkhand to transfer the refundable tax amount to the State of Andhra Pradesh. No order as to costs was made.