2014 (2) TMI 151 - HC - VAT and Sales Tax

Tax liability on packing charges - Whether packing materials separately charged, though included in the price of goods, is liable to sales tax - Held that - As is evident from the reading of the Assessment Order this turnover relates to the packing charges relating to cement sales governed by the Cement Control Order. Thus, having regard to the limited scope of the revisional order, the liability in respect of packing charges on this turnover stands covered by the decision of the Apex Court reported in Dalmia Cement (Bharat) Ltd. & Ramco Cement Distribution Co. Pvt. Ltd. Versus State of Tamil Nadu 1992 (10) TMI 228 - SUPREME COURT OF INDIA wherein it was specifically held that packing charges and excise duty on packing materials should not be excluded under Rule 6(cc) of the Tamil Nadu General Sales Tax Act. Thus, when charges on packing also was included in the Cement Control Order as part of the sale price, the question of deduction did not arise. Thus, applying the said decision, we reject the assessee s appeal. We make it clear that the turnover, which was the subject matter of revision as confirmed in the errata order relates to the turnover of Rs.1,43,63,569/- only relating to packing charges on the cement sales governed by the Cement Control Order - Decided against assessee.

Summary

Issues:
1. Assessment of sales tax on packing charges related to cement sales governed by the Cement Control Order.
2. Applicability of the decision of the Apex Court in 88 STC 151(SC) to the case.
3. Scope of revisional proceedings under Section 34 of the Tamil Nadu General Sales Tax Act.
4. Interpretation of the revision order passed by the Joint Commissioner regarding the turnover of packing charges.

Analysis:
1. The case involved the assessment of sales tax on packing charges associated with cement sales governed by the Cement Control Order. The Assessing Officer levied tax on the turnover of packing charges, distinguishing between charges related to cement sales governed by the order and those not governed by it. The Appellate Assistant Commissioner initially allowed the appeal, stating that the packing charges separately charged were not liable to sales tax. However, the revisional proceedings challenged this decision.

2. The revisional proceedings under Section 34 of the Tamil Nadu General Sales Tax Act were initiated based on a notice that limited the revision to the turnover relating to packing charges of cement sales governed by the Cement Control Order. Despite this restriction, the Revisional Authority, in its order, reinstated the entire assessment. An errata order clarified that the tax on packing charges collected on the sale of cement was found in order only to the extent of charges governed by the Cement Control Order.

3. The court analyzed the scope of the revision order and the applicability of the decision of the Apex Court in 88 STC 151 to the case. It was noted that the turnover in question related specifically to packing charges governed by the Cement Control Order. Referring to the Apex Court decision, which held that packing charges should not be excluded under the Tamil Nadu General Sales Tax Act, the court rejected the assessee's appeal, stating that when charges on packing were included in the Cement Control Order as part of the sale price, no deduction was permissible.

4. The judgment clarified that the turnover subject to revision was limited to the charges specified in the errata order, i.e., Rs.1,43,63,569/- related to packing charges on cement sales governed by the Cement Control Order. The court upheld the revisional order and dismissed the Tax Case (Appeal), emphasizing that the decision was based on the specific turnover covered by the revision and the applicable legal principles.

In conclusion, the judgment addressed the assessment of sales tax on packing charges in the context of the Cement Control Order, the interpretation of the revisional order, and the application of relevant legal precedents to determine the tax liability on specific turnover related to packing charges governed by the order.