2011 (1) TMI 1494 - HC - VAT and Sales Tax

Summary

Issues involved: Interpretation of tax liability on loading, unloading, and freight charges in a contract for supply of goods.

Summary:

The revision before the High Court challenged the Tribunal's order regarding tax liability for the Assessment Year 1996-97 in a contract awarded by the Railway for the supply of ballast. The dispute centered around whether tax should be levied on loading, unloading, and freight charges in addition to the value of the goods supplied. The Deputy Commissioner (Appeals) allowed the assessee's appeal, but the Commissioner of Trade Tax appealed to the Tribunal, which dismissed the appeal.

The learned Standing Counsel argued that even though the work order separately listed the charges for loading, unloading, and freight, they should still be included in the turnover for tax purposes. Citing the decision of the Apex Court in the case of M/s. India Meters Limited v. State of Tamil Nadu, it was contended that all expenses incurred before the delivery of goods should be part of the turnover if the ownership of the goods remains with the supplier until delivery at the destination.

Agreeing with the Standing Counsel's argument and relying on the precedent set by the Apex Court, the High Court held that in cases where the supply is Free on Rail (F.O.R.) destination, expenses such as freight and insurance charges are integral to the sale price. Consequently, the Tribunal's order was deemed unsustainable, and the matter was remanded back to the Tribunal for a fresh decision in accordance with the law laid down by the Apex Court.

Therefore, the High Court allowed the revision, set aside the Tribunal's order, and directed the Tribunal to reconsider the appeal in light of the legal principles established by the Apex Court in the case of M/s. India Meters Limited v. State of Tamil Nadu.