1964 (8) TMI 54 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment of turnover including "art charges and translation charges" by the Appellate Assistant Commissioner.
2. Dispute over the addition of "art charges and translation charges" to the turnover.
3. Interpretation of the nature of the contract between the assessee and customers.
4. Distinction between charges for design preparation and block-making services.
5. Application of sales tax on art and translation charges.
6. Justification for excluding art and translation charges from the assessable turnover.

Detailed Analysis:
1. The assessee, a firm of advertising agents, was assessed for the year 1959-60 by the Joint Commercial Tax Officer. The Appellate Assistant Commissioner enhanced the turnover by including "art charges and translation charges" in the assessment, leading to an addition of Rs. 14,650-92.
2. The assessee appealed to the Sales Tax Appellate Tribunal, disputing the addition of art and translation charges to the turnover. The Tribunal upheld the assessee's contention, stating that these charges did not form part of the taxable turnover and should not have been assessed.
3. The contract between the assessee and customers involved the preparation of drawings or photographs by the appellants in consultation with the customers, with the art department designing the advertisement. The charges for art work were separate from the charges for block-making.
4. The distinction was made between the services related to design preparation, approval, and skillful labor, and the agreement to arrange for block-making services on behalf of the customer. The Tribunal found that these were distinct services and should not be integrated into a single contract for the value of goods supplied.
5. The department argued that art and translation charges should be integrated with the price of the block for turnover assessment. However, the Tribunal's order emphasized the separate nature of the services provided by the assessee.
6. The Court agreed with the Tribunal's decision, stating that the charges for art and translation services were distinct from the sale of the block. Therefore, the Tribunal's order to exclude these charges from the assessable turnover was deemed correct. The petition was dismissed without any order as to costs.