1985 (3) TMI 4 - SC - VAT and Sales Tax

Whether the sale price of water pumped out and discharged from the mine could be included in the annual net profits from the mine? . Held that - The facts of the present case go a step further inasmuch as the water pumped out from the mine was separately sold for price and, therefore, obviously it is covered by the provisions of section 6, read with section 72 of the Act. Section 6 does not make any distinction as to whether the income is casual or a regular one. All that we are concerned with is whether the income derived by the sale of water pumped out from the mine is included in the profit from, the mine or not. We have not the slightest doubt that the income derived by sale of water pumped out from the coal mine constitutes a profit derived from the mine. Appeal allowed.

Summary

Issues:
Interpretation of sections 6 and 72 of the Bengal Cess Act, 1880 regarding the assessment of cess on income derived from the sale of water pumped out from a coal mine.

Analysis:
The judgment involved the interpretation of sections 6 and 72 of the Bengal Cess Act, 1880, concerning the assessment of cess on income derived from the sale of water pumped out from a coal mine. The respondent company, which owned a colliery, sold percolated water to a glass factory and claimed exemption from cess on the income generated from this sale. The authorities disallowed the exemption, considering the income as part of the annual net profit from the mine. The High Court eventually allowed the respondent's claim, stating that the water sold was not a mineral and did not constitute part of the annual net profit from the mine. However, the Supreme Court disagreed with this conclusion.

The Supreme Court emphasized the key provisions of sections 6 and 72 of the Bengal Cess Act, focusing on the phrase "on the annual net profits from the mines." The court deliberated whether the income from selling water pumped out from the mine could be considered part of the annual net profits from the mine. The court rejected the respondent's argument that the water sale income should not be classified as a profit from the mine, asserting that any income derived from the mine's activities, including the sale of water, constitutes a profit.

In support of its decision, the court cited the Tata Iron and Steel Co. Ltd. v. State of Bihar case, where it was established that profit derived from an initial activity in a mine, even if further processed before sale, is still considered profit from the mine. The court found that the sale of water pumped out from the mine, even if separately sold, falls under the provisions of section 6 of the Act. The court dismissed the respondent's argument that the water sale income was casual and not a regular income, clarifying that section 6 does not differentiate between casual and regular income, focusing solely on whether the income is derived from the mine.

Conclusively, the Supreme Court allowed the appeal, setting aside the High Court's judgment and ruling in favor of the State. The court held that the income from the sale of water pumped out from the coal mine constitutes a profit derived from the mine, aligning with the provisions of the Bengal Cess Act, 1880.