1968 (7) TMI 74 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the supply of ballast and boulders under a contract with the North Eastern Railway constitutes a sale or a works contract?

Analysis:
The petitioner entered into an agreement with the North Eastern Railway for the manufacture and supply of quarry products from a private quarry. The Sales Tax Officer assessed the petitioner to sales tax on the turnover of ballast and boulders. The Judge (Revisions) Sales Tax confirmed the assessment, finding that the ballast and boulders were collected by the petitioner from the river-bed, shaped to specifications, and supplied to the Railway at specified locations. The Judge concluded it was a sale rather than a works contract, as the materials were not property of the Railway, and the petitioner paid royalty to the Forest Department for collection rights.

Further, the Court examined the terms of the contract, specifically paragraph 14 of the Special Conditions, which stated that any surplus quarry product would be considered the property of the Railway if not required, allowing the petitioner to remove it on payment of specified charges. The Court noted that if the materials were not removed within two months of requisition by the Railway, the petitioner would forfeit all rights. This provision supported the conclusion that the transaction was a sale, as the materials were treated as the petitioner's property until payment was made by the Railway.

In conclusion, the Court upheld the finding that the supply of ballast and boulders constituted a sale by the petitioner to the Railway, not a works contract. The questions of law in all references were answered accordingly, and costs were awarded to the Commissioner of Sales Tax in the instant reference. The judgment clarified the nature of the transaction based on the contractual terms and the actions of the parties involved, emphasizing the ownership and payment aspects in determining the classification of the supply.