1977 (8) TMI 73 - Tri - VAT and Sales Tax

Summary

Issues:
1. Whether Sodi-bi-crab sold by the assessee to a registered dealer qualifies as a deduction for tax assessment.
2. Interpretation of the term "grocery goods" under the Sales Tax Act.
3. Application of common parlance in determining the classification of goods.
4. Entitlement of a registered dealer to purchase specific goods free of tax based on registration certificate.

Analysis:
The appeal was against an order confirming the tax assessment for the year 1973-74, where the Assistant Commissioner assessed tax on the sale of Sodi-bi-crab by the assessee to a registered dealer, disallowing the deduction claimed. The Assistant Commissioner reasoned that Sodi-bi-crab did not fall under grocery goods based on the list of grocery articles published by the Commissioner of Commercial Taxes, despite being available in grocery shops. The Assistant Commissioner held that Sodi-bi-crab was mainly a chemical product and not a grocery article, hence not eligible for tax exemption as claimed by the assessee.

The assessee contended that Sodi-bi-crab, commonly known as eating soda and available in grocery shops, should be considered a grocery item. The purchasing dealer, authorized to buy grocery goods tax-free, purchased Sodi-bi-crab from the assessee. The definition of "grocery" under the Sales Tax Act was discussed, where specific items like washing soda were included but not Sodi-bi-crab. The common understanding of the term "grocery" and the popular interpretation of goods commonly vended by grocers were also considered.

The Tribunal analyzed the nature of Sodi-bi-crab, its common usage in food preparation and medicinal purposes, and its availability in grocery shops. It was noted that the assessee primarily dealt in grocery goods and sold Sodi-bi-crab to a dealer engaged in the same business. Drawing a parallel with washing soda, a chemical compound included in grocery goods, the Tribunal concluded that Sodi-bi-crab should be considered a grocery item. The benefit of doubt, if any, was given to the assessee, leading to the decision that the purchasing dealer was entitled to buy Sodi-bi-crab tax-free, and the assessee was eligible for the deduction claimed.

In conclusion, the appeal was allowed, and the assessment was reduced to the returned figures. Any excess tax collected was ordered to be refunded to the assessee. The judgment emphasized the common understanding of goods, the nature of business activities, and the interpretation of terms under the Sales Tax Act in determining tax liabilities and deductions.