2001 (1) TMI 941 - HC - VAT and Sales Tax

Summary

Issues involved: Determination of whether the cost of spares replaced during warranty period constitutes turnover liable to tax under the Kerala General Sales Tax Act, 1963.

Summary:
The case involved a dispute regarding whether the cost of spares replaced by the petitioner during the warranty period should be considered as part of the turnover liable to tax. The petitioner, acting as an agent for automobile manufacturers, provided free replacements of spare parts covered under warranty to vehicle owners. The manufacturer reimbursed the value of the spare parts through credit notes. The assessing authority viewed this as a taxable transaction, while the Appellate Tribunal considered it as a sale, as the petitioner transferred property in the spare parts to customers and received reimbursement from the manufacturer.

Upon hearing arguments, the Court determined that the transaction in question did not amount to a sale. The petitioner's role as an agent for manufacturers involved providing spare parts for replacement under warranty, not for direct sale. The Court referenced a Delhi High Court decision to support the view that the transfer of property in replaced parts under warranty is part of the original sale of the vehicle. Consequently, the Court set aside the Appellate Tribunal's order and directed exemption for the turnover of spare parts provided for replacement.

In conclusion, the Court allowed the petition and ruled in favor of the petitioner, granting exemption for the turnover of spare parts used for replacement during the warranty period.