2015 (11) TMI 326 - HC - VAT and Sales Tax

Levy of entry tax - petitioner imports tea from outside and blends the same with the local varieties and sells the same in packed condition inside the State and outside the State in course of inter-State trade and commerce - Held that - Entry 40 of the Schedule discloses that tea is specified goods. Upon reading of sub-sections (1) and (2) of section 2, the view taken by the Commissioner does not appear to be correct. It may be that the petitioner imports the tea from outside and a part of it is sold in Assam by blending and a part of it is sold in other States as inter-State sale. He paid VAT for the sale in Assam and Central sales tax for the sale outside the State. - tea imported should be sold in the same form in order to get exemption of entry tax does not appear to be a correct view. By blending local varieties, there is no change in the nature of the product both for the local sale of local variety and after blending with the imported goods, VAT is paid and for inter-State sale Central sales tax is paid and the tea even after blending very much remains as specified goods. - levy of entry tax on the import of tea and local sale and inter-State sale of the blended tea is untenable. - Decided in favor of assessee.

Summary

Issues:
Interpretation of Entry Tax Act regarding the applicability of entry tax on imported tea blended with local varieties for sale in-state and inter-state trade.

Analysis:
The petitioner, involved in importing tea and blending it with local varieties for sale both within and outside the state, sought the Commissioner's opinion on the applicability of the Entry Tax Act to such goods. The Commissioner opined that since the imported tea is blended with local varieties before sale, entry tax is applicable. The petitioner, aggrieved by this opinion and the levy of entry tax, filed a writ petition challenging the same. The relevant provisions of section 3 of the Entry Tax Act were considered in this case.

The Entry Tax Act provides for the levy and collection of entry tax on specified goods entering a local area for consumption, use, or sale. The Act specifies that entry tax shall be levied on the import value of the goods and paid by the importer. However, exemptions are provided under certain circumstances, such as when goods are taxable under other acts like the Assam Value Added Tax Act, 2003, or when goods are sold in inter-state trade or commerce.

Upon analyzing the provisions of the Entry Tax Act and the circumstances of the case, the court found that the Commissioner's view that the imported tea must be sold in the same form to be exempt from entry tax was incorrect. The court noted that blending the imported tea with local varieties did not change the nature of the product, and VAT and Central sales tax were already paid for sales within and outside the state. Therefore, the court held that the levy of entry tax on the imported tea and its sale, both locally and in inter-state trade, was unjustified.

In conclusion, the court quashed the impugned orders and ruled in favor of the petitioner, stating that the entry tax on the imported tea blended with local varieties for sale within and outside the state was untenable under the provisions of the Entry Tax Act.