1977 (5) TMI 29 - AT - VAT and Sales Tax

Issues Involved:

1. Liability to pay tax on sales through Super Bazar.
2. Exemption from tax for sales through Bill Nos. 1409 and 1410.
3. Taxability of goods claimed to be exported out of India.
4. Tax on sample sales.
5. Tax exemption for sales of foot and bones.
6. Tax exemption for meat and bacon sold in sealed containers.
7. Tax on packing charges.
8. Taxability of sales to the Ministry of Defence.

Issue-Wise Detailed Analysis:

Point No. 1: Super Bazar Sales

The dealer sold meat through Super Bazar, which issued a certificate confirming sales of Rs. 17,495 on its cash memos and deposited the sales tax. Since the tax was already paid by Super Bazar, it was deemed improper to demand the same tax from the dealer again. Thus, the remand for further inquiry was deemed unnecessary.

Point No. 2: Sales through Bills No. 1409 & 1410

The dealer's claim for export exemption was rejected due to defective customs certificates lacking bill numbers. However, it was accepted that these sales should be taxed under the Local Act instead.

Point No. 3: Export out of India

The dealer's claim for exemption on sales amounting to Rs. 2,309.78, Rs. 9,931.83, and Rs. 1,452.64 was disallowed due to lack of evidence. These sales were to be considered local and taxed accordingly.

Point No. 4: Sample Sales

The dealer admitted charging Rs. 650.11 for samples, which was not considered as free supply. Therefore, the tax on these sales was upheld.

Point No. 5: Sales of Foot and Bones

The Addl. Commissioner initially held foot and bones were not 'meat' and thus taxable. However, based on a precedent that organs from carcasses are considered 'meat', it was decided that foot and bones should be exempt from tax.

Point No. 6: Meat and Bacon

The assessing authority presumed meat and bacon were sold in sealed containers without clear evidence. It was decided that suspicion alone cannot justify tax. The case was remanded to verify if the items were sold in sealed containers; otherwise, they should be exempt from tax.

Point No. 7: Packing Expenses

The dealer's counsel did not press this claim, and thus, it was decided against the dealer.

Point No. 8: Sales to the Ministry of Defence

The dealer claimed exemption for sales worth Rs. 27,80,122.34 to the Ministry of Defence. The authorities below taxed these as inter-State sales. However, the Tribunal found that the contract did not stipulate movement outside Delhi, and the goods were sold FOR station/siding of despatch within Delhi. The sales were held to be local and exempt from tax.

Conclusion:

1. The dealer is not liable to pay tax on sales made through Super Bazar.
2. Sales through Bill Nos. 1409 and 1410 will be taxed under the Local Act.
3. Sales amounting to Rs. 2,300.78, Rs. 9,931.83, and Rs. 1,452.64 will be taxed as local sales.
4. Sales of foot and bones are exempt from tax.
5. The case is remanded to determine if meat and bacon were sold in sealed containers; if not, they are exempt from tax.
6. Sales to the Ministry of Defence are exempt from tax under the Local Act.

In other respects, the impugned orders are confirmed, and tax should be calculated accordingly.

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