1995 (2) TMI 402 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Validity of Section 3-B(2)(b) of the Tamil Nadu General Sales Tax Act, 1959.
2. Whether the condition in Section 3-B(2)(b) results in levying tax at more than one stage.
3. Validity of Section 3-B(2)(e) of the Tamil Nadu General Sales Tax Act, 1959.
4. Whether the cost of consumables is includible in "labour charges and other like charges."

Summary:

Issue 1: Validity of Section 3-B(2)(b) of the Tamil Nadu General Sales Tax Act, 1959
The appellants contended that Section 3-B(2)(b) violates Section 15(a) of the Central Sales Tax Act and Article 286(3) of the Constitution by imposing tax at more than one stage. The Court held that the provision does not result in multi-point taxation. When a commercial commodity is transformed into another distinct commercial commodity, it becomes a separate taxable entity. Therefore, the condition that goods must be used in the same form as purchased does not violate the mandate of Section 15(a) of the Central Sales Tax Act.

Issue 2: Whether the condition in Section 3-B(2)(b) results in levying tax at more than one stage
The appellants argued that the requirement to purchase goods from registered dealers liable to pay tax under the Act results in multi-point taxation. The Court held that Section 3-B(2)(b) is a machinery provision regulating the burden of proof and does not shift the point of taxation. The provision aims to prevent fraud and facilitate administrative efficiency. The failure to comply with this provision does not result in a violation of Section 15(a) of the Central Sales Tax Act.

Issue 3: Validity of Section 3-B(2)(e) of the Tamil Nadu General Sales Tax Act, 1959
The appellants contended that Section 3-B(2)(e) limits expenses towards labour charges to actual costs, excluding the profit margin of the contractor. The Court held that the expression "labour charges and other like charges" includes the profit margin of the contractor to the extent it is relatable to the supply of labour and services. Therefore, Section 3-B(2)(e) is valid and does not exclude the profit margin of the contractor.

Issue 4: Whether the cost of consumables is includible in "labour charges and other like charges"
The appellants argued that the cost of consumables like ink and dyes used in printing and dyeing works contracts should be deductible under Section 3-B(2)(e). The Court held that the cost of consumables used in the execution of works contracts, where the property is not transferred, falls within "labour charges and other like charges." However, the determination of whether specific consumables like ink or dyes are deductible should be decided by the assessing authorities based on the materials produced by the assessees.

Conclusion:
The Court upheld the constitutional validity of Section 3-B of the Tamil Nadu General Sales Tax Act, 1959, subject to specific findings. The writ appeals and writ petitions were dismissed, and appellants were granted additional time to file appeals and objections against assessment orders.