1972 (1) TMI 80 - SC - VAT and Sales Tax

Whether a transaction falls within the purview of sales tax? Whether it constitutes a contract of sale or a contract of work or service? Held that - Appeal dismissed. The contract between such a hotel proprietor and a traveller presenting himself to him for lodging is one which is essentially a contract of service and facilities provided at reasonable price. The transaction between a hotelier and a visitor to his hotel is thus one essentially of service in the performance of which and as part of the amenities incidental to that service, the hotelier serves meals at stated hours. The revenue, therefore, was not entitled to split up the transaction into two parts, one of service and the other of sale of food-stuffs and to split up also the bill charged by the hotelier as consisting of charges for lodging and charges for food-stuffs served to him with a view to bring the latter under the Act.

Issues Involved:

1. Liability of the respondent-company to pay sales tax on meals served to hotel guests.
2. Nature of the transaction between the hotelier and the guest.
3. Whether the transaction includes a sale of food-stuffs.
4. Applicability of the Sales Tax Act to the transaction.
5. Whether the bill can be split into separate charges for lodging and meals.

Issue-wise Detailed Analysis:

1. Liability of the respondent-company to pay sales tax on meals served to hotel guests:
The respondent-company, which operates several hotels, including the "Cecil Hotel" at Simla, argued that it should not be liable to pay sales tax on meals served to guests staying at the hotel. The company contended that the primary purpose of the guests' stay was lodging, and the meals were incidental amenities provided to make their stay comfortable. The Sales Tax Officer and the Commissioner rejected the company's application, leading to a writ petition. The High Court, relying on the decision in Madras v. Gannon Dunkerley and Co. Ltd., ruled in favor of the company, stating that the transaction between the hotelier and the guest did not involve a sale of food.

2. Nature of the transaction between the hotelier and the guest:
The court examined the nature of the transaction to determine whether it constituted a contract of sale or a contract of service. The court noted that the transaction between the hotelier and the guest was one and indivisible, primarily for lodging, with meals and other amenities being incidental. The court emphasized that the bill charged to the guest was a fixed amount per day and did not itemize the various amenities, including meals.

3. Whether the transaction includes a sale of food-stuffs:
The court considered whether the transaction included a sale of food-stuffs supplied during the guests' stay. The respondent-company argued that the transaction did not involve a sale of food, as guests could not demand a rebate if they missed a meal, nor could they take away unconsumed food. The court agreed, stating that the transaction was one of service, with meals being part of the amenities provided to make the guests' stay comfortable.

4. Applicability of the Sales Tax Act to the transaction:
The court examined whether the Sales Tax Act could be applied to the transaction. The court referred to various cases, including United Bleachers Ltd. v. Madras and Andhra Pradesh v. Guntur Tobaccos Ltd., to illustrate the distinction between contracts of sale and contracts of service. The court concluded that the transaction between the hotelier and the guest was one of service, and the supply of meals was incidental to that service. Therefore, the Sales Tax Act could not be applied to the transaction.

5. Whether the bill can be split into separate charges for lodging and meals:
The court addressed the issue of whether the bill could be split into separate charges for lodging and meals. The court noted that the bill was one and indivisible and could not be split into separate charges for each amenity provided. The court emphasized that the primary object of the transaction was lodging, and the meals were incidental to that service. Therefore, the revenue authorities were not entitled to split the bill and levy sales tax on the meals.

Conclusion:
The court upheld the High Court's decision, agreeing that the transaction between the hotelier and the guest was one of service and did not involve a sale of food-stuffs. Consequently, the appeal was dismissed with costs, and the respondent-company was not liable to pay sales tax on the meals served to hotel guests.

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