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2025 (2) TMI 312 - AT - VAT / Sales TaxChallenge to assessment order - movement of goods from the manufacturing unit of the appellant in Rajasthan to its depots in Bihar - inter-state supply of goods or inter-state stock transfers? - HELD THAT - A perusal of the order dated 28.12.2015 passed by the Rajasthan Tax Board shows that it has reproduced the observations of the Rajasthan Tax Board in Appeal No s. 1229-1233 decided on 24.11.2014. It is these five appeals which were assailed by M/s United Breweries Ltd. in Central Sales Tax No s. 16/2014 17/2014 18/2014 19/2014 and 20/2014 that to were allowed by this Tribunal by order dated 21.10.2024 2024 (10) TMI 1124 - CESTAT NEW DELHI . Conclusion - The movement of goods was a stock transfer not an inter-state sale and thus not subject to central sales tax. The order dated 28.12.2015 passed by the Rajasthan Tax Board in Appeal No. 2210 of 2014 which has been assailed in this appeal deserves to be set aside and is set aside. The appeal is accordingly allowed.
ISSUES PRESENTED and CONSIDERED
The core legal question in this appeal was whether the movement of goods from the manufacturing unit of the appellant in Rajasthan to its depots in Bihar constituted an inter-state sale subject to central sales tax or an inter-state stock transfer not liable to such tax. The Tribunal examined whether the transactions were in pursuance of a sale agreement or merely stock transfers, considering the provisions of the Liquor Policy and the Master Agreement between the appellant and the Bihar State Beverages Corporation Limited. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents The legal framework involved the Central Sales Tax Act, 1956, the Sale of Goods Act, and various state excise and VAT acts. Precedents considered included decisions from the Allahabad High Court, Karnataka High Court, and the Supreme Court, which dealt with similar issues of determining whether the movement of goods constituted a sale or a stock transfer. Court's Interpretation and Reasoning The Tribunal analyzed the clauses of the Master Agreement and the Liquor Policy, noting that the Corporation was not obligated to procure any specified quantity of liquor and that the movement of goods was not occasioned by any sale agreement. The Tribunal emphasized that the supply of beer to the Corporation against an Order for Supply (OFS) was seen as an agreement to sell, but the movement of goods to the depots was not pursuant to a sale. Key Evidence and Findings The Tribunal found that the Master Agreement did not constitute a sale agreement as it did not bind the Corporation to purchase any specific quantity or brand. The OFS, which specified the quantity and timing of delivery, was the point at which a sale was concluded. The Tribunal also noted that maintaining stock at the depots was a requirement under the license but did not imply a sale. Application of Law to Facts The Tribunal applied the principles from previous cases to conclude that the movement of goods from Rajasthan to Bihar was not in pursuance of a sale. It was determined that the appellant's actions were consistent with stock transfers, as the goods were moved to maintain inventory levels at the depots, and sales occurred only upon issuance of an OFS by the Corporation. Treatment of Competing Arguments The Tribunal addressed the argument from the State of Rajasthan that the movement was occasioned by the Master Agreement, finding it unconvincing. The Tribunal emphasized that the Master Agreement did not specify quantities or create an obligation to purchase, distinguishing it from an agreement to sell. Conclusions The Tribunal concluded that the movement of goods was not occasioned by a sale agreement and thus constituted an inter-state stock transfer. The Tribunal set aside the Rajasthan Tax Board's order, which had treated the movement as an inter-state sale. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning The Tribunal stated: "The movement of goods from the State of Rajasthan to the depots of Carlsberg in the State of Bihar, therefore, cannot be said to have been occasioned by reason of any sale agreement." Core Principles Established The Tribunal reinforced the principle that the movement of goods does not constitute a sale unless it is occasioned by a specific sale agreement. The presence of a Master Agreement or similar document, without binding purchase obligations, does not transform stock transfers into sales. Final Determinations on Each Issue The Tribunal determined that the movement of goods was a stock transfer, not an inter-state sale, and thus not subject to central sales tax. The Tribunal allowed the appeal, setting aside the Rajasthan Tax Board's order and entitling the appellant to a refund with interest.
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