2017 (12) TMI 2 - HC - VAT and Sales Tax

Rate of tax - purchase turnover - TNGST Act - purchases of raw materials, availing concessional rate of tax, under Section 3(3) of the TNGST Act, 1959, by issue of Form XVII declaration and used them in the manufacture of goods and effected export sales - taxable under Section 3(3) of the TNGST Act, 1959 or under Section 3(4) of the TNGST Act, 1959? - Held that - In State of Tamil Nadu v. Essar Inc., 2014 (8) TMI 935 - MADRAS HIGH COURT , while considering the very identical substantial questions of law, stated supra and following the decision in Tube Investment of India Ltd., s case 2010 (10) TMI 938 - MADRAS HIGH COURT , a Hon ble Division Bench of this Court, dismissed the appeal filed by the State Government. Having regard to the dismissal of the Special Leave Petitions, filed against the decision of this Court made in Tube Investment of India Ltd., s case and following the above decisions made in State of Tamil Nadu v. Essar Inc., this Court is inclined to dismiss this tax case revision petition, as no question of law, much less substantial question of law, arises for consideration in the present revision. Tax revision dismissed.

Issues Involved:
1. Interpretation of Section 3(4) of the Tamil Nadu General Sales Tax Act, 1959.
2. Applicability of the principle of situs under Explanation 3(a) to Section 2(n) of the Tamil Nadu General Sales Tax Act, 1959.
3. Distinguishing the judgment of the Supreme Court in State of Karnataka v. B.M. Ashraf & Co.
4. Levy of tax under Section 3(4) in the context of export sales and its compliance with Article 286 of the Constitution.
5. Inclusion of export sales within the ambit of "in any other manner" under Section 3(4).
6. Nature of Sections 3(3) and 3(4) as charging provisions.
7. Territorial scope of the Tamil Nadu General Sales Tax Act, 1959.

Detailed Analysis:

1. Interpretation of Section 3(4) of the Tamil Nadu General Sales Tax Act, 1959:
The court examined whether export sales fall under the expression "does not sell the goods so manufactured" in Section 3(4). It concluded that export sales should be considered as sales within the meaning of the Act, as supported by the precedent set in Tube Investment of India Ltd. v. State of Tamil Nadu. The court held that the imposition of tax under Section 3(4) on export sales would contravene the intention of the Constitution and the Central Sales Tax Act, which aim to promote exports by exempting them from local taxes.

2. Applicability of the Principle of Situs under Explanation 3(a) to Section 2(n):
The court discussed the principle of situs as provided in Explanation 3(a) to Section 2(n) and concluded that the situs of the sale is within the State of Tamil Nadu if the goods are within the state at the time of the contract of sale or purchase. This principle supports the inclusion of export sales as sales within the state, thereby excluding them from the additional tax under Section 3(4).

3. Distinguishing the Judgment in State of Karnataka v. B.M. Ashraf & Co.:
The court distinguished the judgment in B.M. Ashraf & Co., which dealt with the Karnataka Sales Tax Act, noting that the provisions of Section 6 of the Karnataka Act are not directly applicable to the interpretation of Section 3(4) of the Tamil Nadu Act. The court emphasized that the context and specific wording of Section 3(4) differ significantly from those in the Karnataka Act, making the Ashraf case inapplicable.

4. Levy of Tax Under Section 3(4) in the Context of Export Sales and Compliance with Article 286:
The court highlighted the constitutional prohibition under Article 286 against the imposition of tax on export sales. It reiterated that any interpretation of Section 3(4) that imposes tax on export sales would be unconstitutional. The court referenced the decision in Tube Investment of India Ltd., which supports the view that export sales are exempt from local tax under Section 3(4).

5. Inclusion of Export Sales Within the Ambit of "In Any Other Manner":
The court rejected the state's argument that the phrase "in any other manner" in Section 3(4) includes export sales. It applied the maxim of ejusdem generis, concluding that the phrase refers to modes of disposal other than sales, such as branch transfers or transfers to agents, and does not encompass export sales.

6. Nature of Sections 3(3) and 3(4) as Charging Provisions:
The court clarified that Sections 3(3) and 3(4) are not designed as charging provisions but rather as provisions that regulate the concessional rate of tax. The non-obstante clause in Section 3(3) supports this interpretation, indicating that these sections do not independently impose tax but govern the conditions under which the concessional rate applies.

7. Territorial Scope of the Tamil Nadu General Sales Tax Act, 1959:
The court reaffirmed that the Tamil Nadu General Sales Tax Act, 1959, applies to sales within the state. It emphasized that the Act cannot be interpreted to impose tax on transactions that are constitutionally exempt, such as export sales.

Conclusion:
The court dismissed the state's appeal, upholding the decision of the Tamil Nadu Sales Tax Appellate Tribunal. It confirmed that export sales are not subject to additional tax under Section 3(4) of the Tamil Nadu General Sales Tax Act, 1959, aligning with the precedent set in Tube Investment of India Ltd. v. State of Tamil Nadu. The court emphasized the constitutional protection of export sales from local taxation and the proper interpretation of the relevant statutory provisions.

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