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2021 (4) TMI 601 - HC - VAT and Sales TaxDenial of downloading and issuance of 'C' declaration forms - post GST situation - purchase of High Speed Diesel from suppliers in other States - inter-state trade - Central Sales Tax Act, 1956 read with the Central Sales Tax (Registration and Turnover) Rules, 1957 - 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 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. Issuance of "C" forms under the Central Sales Tax Act, 1956 for the purchase of High Speed Diesel from suppliers in other States. 2. Entitlement to "C" Forms for purchase of High Speed Diesel from suppliers outside Tamil Nadu. 3. Challenge to the decision of the High Court regarding the entitlement to be registered under the CST Act. 4. Rights of purchasing dealers under the CST Act and the scope of the definition of goods. Issue 1: Issuance of "C" Forms under the Central Sales Tax Act, 1956: The petitioner sought "C" forms for purchasing High Speed Diesel from suppliers in other States. The High Court referred to a previous decision in M/s Ramco Cements Ltd. where it was held that the concessional rate is available to dealers purchasing High Speed Diesel through inter-state sales. The High Court also mentioned decisions from other courts supporting the same view. The State did not dispute this position but indicated a possible challenge to the decision. The High Court directed all Assessing Authorities in Tamil Nadu to apply the rationale of the decision to pending assessments until any reversal or stay is in place. Issue 2: Entitlement to "C" Forms for purchase of High Speed Diesel: The petitioners faced challenges in obtaining "C" forms for purchasing High Speed Diesel from suppliers outside Tamil Nadu to avail of a concessional tax rate. The High Court, relying on previous decisions, ruled in favor of the petitioners. It emphasized that the benefit of the decision should be extended to all dealers seeking it, not limited to those party to the specific case. The High Court allowed the writ petitions, directing necessary action by the department without costs. Issue 3: Challenge to the decision regarding entitlement under the CST Act: The State filed a Writ Appeal challenging the decision in the Ramco Cements case. However, a Division Bench dismissed the appeal, emphasizing that purchasing dealers can continue to be registered under the CST Act independently of the liability of the selling dealer. The court rejected the contention that dealers lost their entitlement to registration and upheld the rights of purchasing dealers under the Act. Issue 4: Rights of purchasing dealers under the CST Act and scope of goods definition: The Division Bench clarified that the scope of the CST Act remains intact for purchasing dealers, allowing them to purchase goods at concessional rates using "C" forms. It emphasized that the amended definition of goods did not alter the operation of the Act for purchasing dealers. The court rejected the Revenue's contentions that sought to restrict purchasing rights based on sales criteria, highlighting the freedom of trade in inter-State commerce. The Writ Appeals filed by the Revenue were dismissed, and the Circular letter restricting "C" Forms was quashed. In conclusion, the High Court upheld the entitlement of dealers to "C" Forms for purchasing High Speed Diesel from other States, emphasizing the rights of purchasing dealers under the CST Act and rejecting challenges to their registration. The Supreme Court also dismissed the Special Leave Petitions filed by the Commercial Taxes Department, affirming the decisions of the High Court.
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