1987 (2) TMI 501 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment year 1980-81 - Taxation on sale of spare parts for transformer repairs
2. Departure from past practice by the Revenue Department
3. Interpretation of agreement terms for payment and approval of repaired transformers
4. Determination of turnover of scraps for taxation purposes

Analysis:
1. The judgment pertains to a revision for the assessment year 1980-81 by the Revenue against the Tribunal's order regarding the taxation of spare parts used for repairing transformers. The issue at hand is whether the tax should be levied in the year when the bills were submitted by the assessee to the Electricity Board or in the year when the repaired transformers are approved after inspection. The department sought to depart from past practice and tax the spare parts sale upon bill submission. However, the judge notes that the tax liability remains unaffected regardless of the year of taxation, as the sale is completed upon transformer approval. The judge questions the rationale behind the department's deviation from the established practice and emphasizes the continuity of the assessee's method accepted by the Revenue in previous years.

2. The judgment further delves into the interpretation of the agreement terms governing payment and approval of repaired transformers. The Tribunal analyzed the contract conditions, specifically highlighting that payments are made post final approval of the repaired transformers based on departmental tests. The Tribunal concluded that the sale of spare parts is deemed complete only when the repaired transformers are approved after joint inspection and payment is made to the assessee. The judge concurs with the Tribunal's view, emphasizing the legal completion of the sale upon transformer acceptance, as per the agreement terms.

3. Another issue addressed in the judgment is the determination of turnover of scraps for taxation purposes. The assessing officer estimated the turnover at a higher amount compared to the figure disclosed by the assessee. The assessee attributed the lower turnover to the formation of new partnerships and subsequent changes in scrap turnover. The Tribunal accepted the assessee's explanation, leading to a lower turnover assessment. The judge upholds the Tribunal's decision, highlighting that it is a factual finding without any legal question. Consequently, the revision is dismissed, and no costs are awarded, affirming the Tribunal's conclusions on both tax issues related to spare parts and scraps turnover.