9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 315 - HC - VAT and Sales TaxConcessional benefit of tax - purchase of High Speed Diesel from suppliers in other States - difficulty in obtaining C-Form - HELD THAT - The issue decided in the case of M/S. DHANDAPANI CEMENT PRIVATE LTD., M/S. TERU MURUGAN BLUE METAL VERSUS THE STATE OF TAMIL NADU, THE PRINCIPAL COMMISSIONER COMMISSIONER OF COMMERCIAL TAXES, THE ASSISTANT COMMISSIONER (ST) , THE JOINT COMMISSIONER (ST) TERRITORIAL, THE DEPUTY COMMISSIONER (ST) 2019 (2) TMI 1850 - MADRAS HIGH COURT where it was held that the benefit cannot be denied on this ground. The Appellant State and the Revenue Authorities are directed not to restrict the use of 'C' Forms for the inter-State purchases of six commodities by the Respondent/Assessees and other registered Dealers at concessional rate of tax and they are further directed to permit Online downloading of such Declaration in 'C' Forms to such Dealers. The Circular letter of the Commissioner dated 31.5.2018 stands quashed and set aside along with the consequential Notices and Proceedings initiated against all the Assessees throughout the State of Tamil Nadu. The petitioner is entitled to the inclusion of High Speed Diesel Oil as a commodity in the registration certificate - petition allowed.
Issues involved:
Interpretation of Central Sales Tax Act, 1956 regarding entitlement to 'C' Forms for purchase of High Speed Diesel from suppliers in other states, challenge to the decision in the case of M/s. Ramco Cements Ltd, and the right of purchasing dealers to obtain registration under the CST Act. Issue 1: Entitlement to 'C' Forms for purchase of High Speed Diesel: The petitioner, a dealer, sought 'C' Forms under the Central Sales Tax Act, 1956 for purchasing High Speed Diesel from suppliers in other states to avail concessional tax benefits. The issue was previously considered in the case of M/s. Dhandapani Cement Private Limited Vs. The State of Tamil Nadu, where it was held that the benefit of concessional rates is available to dealers making inter-state purchases. The decision was supported by various other court judgments, including one confirmed by the Supreme Court. The court emphasized that such benefits apply to all dealers seeking them, not limited to parties involved in specific cases. The State was directed to apply this rationale to all pending assessments until any appeal against the decision was resolved. Issue 2: Challenge to decision in the case of M/s. Ramco Cements Ltd: The State filed a Writ Appeal challenging the decision in the case of Ramco Cements Ltd, which was dismissed by a Division Bench. The Division Bench clarified that liability to pay tax on purchases is independent of the seller's liability under the CST Act. It was established that purchasing dealers can secure registration under the Act even if not liable to pay tax as sellers. The court rejected the contention that dealers lost their entitlement to registration under the Act due to amendments in the definition of 'goods.' The court emphasized the continued operation of the Act for purchasing dealers and upheld their right to purchase goods at concessional rates using 'C' Forms. Issue 3: Right of purchasing dealers to obtain registration under the CST Act: The judgment affirmed that dealers, including those liable to tax under State Sales Tax laws, can obtain registration under the CST Act. The court rejected the Revenue's argument that dealers lost their registration entitlement, emphasizing the freedom of trade in inter-State commerce. It was held that restricting the use of 'C' Forms for specific commodities would be discriminatory and contrary to constitutional provisions. The Writ Appeals filed by the Revenue were dismissed, and the State was directed not to restrict the use of 'C' Forms for inter-State purchases and to allow online downloading of such forms. In conclusion, the judgment clarified the entitlement of dealers to 'C' Forms for concessional tax benefits on inter-state purchases, upheld the right of purchasing dealers to registration under the CST Act, and rejected challenges to these rights by the State.
|
