9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (4) TMI 79 - HC - VAT and Sales TaxIssuance of 'C' Forms - concessional rate of tax - purchase of High Speed Diesel from suppliers in other States - HELD THAT - The issue decided in the case of M/S. THE RAMCO CEMENTS LTD. VERSUS THE COMMISSIONER OF COMMERCIAL TAXES, THE ADDITIONAL COMMISSIONER (CT) 2018 (10) TMI 1529 - MADRAS HIGH COURT where it was held that the respondents are directed to permit these petitioners to download 'C ' forms, as has been done in the past for the purpose of purchasing petroleum products against the issuance of 'C' declaration forms. Petition allowed.
Issues:
1. Interpretation of the Central Sales Tax Act regarding the issuance of "C" forms for the purchase of High Speed Diesel from suppliers in other States. 2. Application of previous court decisions in similar cases to the current writ petition. 3. Challenge by the State against the decision of the High Court regarding the entitlement to "C" forms and registration under the CST Act. 4. Analysis of Sections 7(1) and 7(2) of the CST Act regarding the liability to pay tax and registration for purchasing dealers. 5. Examination of the definition of goods and the scope of the CST Act post-amendment. 6. Consideration of the freedom of trade in inter-State commerce under Article 301 and Article 304(b) of the Constitution. 7. Dismissal of Special Leave Petitions by the Supreme Court challenging the High Court's decision. Issue 1 - Interpretation of the Central Sales Tax Act: The writ petition revolves around the issuance of "C" forms under the Central Sales Tax Act for the purchase of High Speed Diesel from out-of-state suppliers. Previous court decisions have been cited to support the petitioner's claim for concessional benefits. Issue 2 - Application of Previous Court Decisions: The petitioner relies on past judgments, including M/s Ramco Cements Ltd. and M/s. Dhandapani Cement Private Limited cases, to argue for entitlement to "C" forms for purchasing High Speed Diesel from other states. The court acknowledges these decisions and rules in favor of the petitioner based on the precedent set by these cases. Issue 3 - State's Challenge Against High Court Decision: The State intends to challenge the High Court's decision regarding the entitlement to "C" forms and registration under the CST Act. However, until such a challenge is made, the Assessing Authorities within Tamil Nadu are directed to apply the rationale of the High Court's decision to all pending assessments. Issue 4 - Analysis of CST Act Sections 7(1) and 7(2): The judgment delves into the interpretation of Sections 7(1) and 7(2) of the CST Act, emphasizing the independent liability of purchasing dealers to pay tax and obtain registration. It clarifies that registration under the CST Act is not solely dependent on the liability of the seller to pay tax. Issue 5 - Definition of Goods and Scope of CST Act: The judgment analyzes the post-amendment scope of the CST Act and the definition of goods, highlighting that the rights of purchasing dealers to avail concessional rates under "C" forms remain intact for specified commodities, despite the amendment. Issue 6 - Freedom of Trade in Inter-State Commerce: The court emphasizes the freedom of trade in inter-State commerce under Article 301 and Article 304(b) of the Constitution, asserting that the GST regime does not impede the rights of purchasing dealers in inter-State transactions. Issue 7 - Dismissal of Special Leave Petitions by Supreme Court: The Supreme Court dismisses the Special Leave Petitions filed by the Commercial Taxes Department challenging the High Court's decision, affirming the judgment in favor of the petitioners.
|
