1950 (12) TMI 21 - HC - VAT and Sales Tax

Summary

Issues:
1. Imposition of sales tax on goods exported immediately after purchase for consumption outside the state.
2. Legality of the Sales Tax Ordinance in Vindhya Pradesh.
3. Applicability of President's Sales Tax Order C.O. No. 7.

Analysis:
1. The applicant challenged the imposition of sales tax on goods exported immediately after purchase for consumption outside Vindhya Pradesh. The Sales Tax Commissioner justified the levy citing the Sales Tax Ordinance, which was brought into force after dropping the customs duty on exports. The Court clarified that the focus was on sales for export and not for consumption within the state. It was emphasized that authorities could prevent tax evasion by verifying export sales and refunding the corresponding tax portion upon proof of export. The Court held that the imposition of sales tax on exported goods was legal under the President's Order.

2. The Sales Tax Commissioner contended that the Sales Tax Ordinance was in force before the Constitution's commencement, justifying the imposition of sales tax on exports. The Court examined the nature of the customs duty previously levied and distinguished it from sales tax. It highlighted the difference between sales tax, indicating a change of ownership, and customs duty, representing a change of location. Since no sales tax was levied on exports before the Constitution's commencement, the Court deemed the imposition of sales tax on exported goods illegal.

3. The Court analyzed the President's Sales Tax Order C.O. No. 7 in light of Article 286 of the Constitution, which classified sales into intra-state, inter-state, and imports/exports categories. The Order enabled states to continue levying sales tax on inter-state commerce until a specified date. However, the Court ruled that the customs duty previously imposed in Vindhya Pradesh did not equate to the sales tax mentioned in the President's Order. Consequently, the Court directed the Sales Tax Commissioner not to levy sales tax on goods purchased within Vindhya Pradesh and exported for consumption outside the state, allowing for administrative measures to prevent tax evasion. Permission for appeal to the Supreme Court was granted due to the substantial legal interpretation involved.