2004 (4) TMI 90 - SC - VAT and Sales Tax

Explaining the meaning of expression business - Held that - When activities of the appellant would necessarily include job work done by him and he cannot do this job work except after purchase of coal, his activities even if stated to be one in the nature of mere service would involve purchase of coal and in that event it falls outside the exclusionary clause in the definition of business . In that view of the matter, the view taken by the High Court is not correct and is set aside and in turn the view taken by the Assistant Commissioner (Assessment) also stands set aside. The appeals are allowed.

Summary

Issues Involved:
Interpretation of provisions of UP Sales Tax Act and Central Sales Tax Act regarding import of goods for business purposes and job work basis.

Analysis:
1. The appellant, a partnership firm registered under the UP Sales Tax Act and Central Sales Tax Act, required steam coal for manufacturing refined oil. The firm sought Form 31 to import coal, but the Assistant Commissioner initiated penalty proceedings under Section 15A(1)(r) of the Act, alleging improper use of coal for job work instead of the firm's business.

2. The High Court referred to Section 28A(1) of the Act, emphasizing the need for Form 31 for importing goods connected to business activities. It was established that the appellant exceeded the prescribed limits for coal import, necessitating Form 31. The court differentiated between business activities and job work, stating that job work does not fall under the definition of business for tax purposes.

3. The definition of "business" under Section 2(aa) of the Act was crucial in determining the scope of the appellant's activities. The High Court's interpretation excluded job work from the definition of business, leading to the denial of Form 31 for coal import related to job work. However, the purchase and import of coal for processing raw materials were considered integral to the business under the Act.

4. Citing precedents, the Supreme Court clarified the concept of "business" as an occupation or profession aimed at making a profit. The Court emphasized that even activities classified as job work would involve the purchase of goods, such as coal in this case, and therefore could not be excluded from the definition of business.

5. Consequently, the Supreme Court overturned the High Court's decision, ruling that the appellant's activities, including job work, involved the purchase of coal, aligning with the definition of business under the Act. The penalty proceedings initiated by the Assistant Commissioner were also set aside, and the appeals were allowed.

This detailed analysis of the judgment highlights the interpretation of relevant legal provisions, the differentiation between business and job work activities, and the application of the definition of "business" in determining the appellant's eligibility for Form 31 for coal import.