1983 (6) TMI 169 - HC - VAT and Sales Tax

Summary

Issues:
- Assessment of taxable turnover for two consecutive years
- Contention on levy of tax on local sales versus inter-State sales
- Exemption claim based on G.O. Ms. No. 3602, Revenue, dated 28th December, 1963
- Interpretation of Central Sales Tax Act regarding hides and skins
- Reconsideration of previous judgment in light of subsequent decisions
- Comparison of decisions from different High Courts on hides and skins classification
- Distinction between raw hides and skins and tanned hides and skins for tax purposes
- Claim for leave to appeal to the Supreme Court

Analysis:
The assessees were assessed for two consecutive years by the Commercial Tax Officer, Purasawakkam, leading to appeals before the Sales Tax Appellate Tribunal. The assessees disputed the levy of tax, arguing that certain turnovers represented local sales of tanned hides and skins, not inter-State sales. Additionally, they claimed exemption under G.O. Ms. No. 3602, Revenue, dated 28th December, 1963. The Tribunal, following precedent, ruled that the turnovers indeed represented inter-State sales and were not exempt under the mentioned order, leading to the dismissal of the appeals.

Regarding the interpretation of the Central Sales Tax Act, the assessees contended that hides and skins, whether raw or tanned, should be treated as a single commodity under section 14, thus exempting them from further taxation on inter-State sales. However, this argument was dismissed based on a previous judgment that established the distinction between raw and tanned hides and skins for tax purposes.

The assessees sought reconsideration of the previous judgment in light of subsequent decisions, but the court found no reason to doubt the correctness of the earlier ruling. The court also compared decisions from different High Courts on the classification of hides and skins, ultimately upholding the original judgment's interpretation.

The court emphasized the distinction made by the local law between raw hides and skins and tanned hides and skins, highlighting different tax rates and points of taxation for each category. This distinction, coupled with the requirements of section 15(b) of the Central Sales Tax Act, led to the affirmation of the Tribunal's decision and the dismissal of the tax cases.

Lastly, the assessees' request for leave to appeal to the Supreme Court was rejected by the court, deeming it unsuitable for such action.