2003 (7) TMI 651 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Whether the transaction is an inter-State or intra-State transaction.
2. Turnover disputed:
- Sales effected in the course of inter-State trade and commerce involved in the execution of works contracts assessed to tax under APGST Act.
- Computation of turnover under various works contracts.
3. Rate of tax disputed:
- Sales of valves treated as sales of electrical goods.
- Rate of tax on fabricated steel structural.

Detailed Analysis:

1. Whether the transaction is an inter-State or intra-State transaction:
The appellant, a Public Limited Company, engaged in manufacturing, fabrication, supply, erection, and commissioning of various projects, entered into contracts with Visakhapatnam Steel Plant and other public sector undertakings during the assessment years 1986-87 and 1987-88. The contract was composite in nature, involving designing, manufacturing, fabrication, installation, and commissioning. Goods were manufactured in Maharashtra and transported to Andhra Pradesh. The appellant claimed exemption from local tax, asserting the transactions were inter-State and taxed under the CST Act in Maharashtra. The assessing authority, however, treated the transactions as intra-State and taxed them under the APGST Act. The High Court, referencing Supreme Court decisions, particularly Gannon Dunkerley & Co. v. State of Rajasthan [1993] 88 STC 204 (SC), concluded that the movement of goods was occasioned by the contract, making it an inter-State transaction not liable to local tax under the APGST Act.

2. Turnover disputed:
- Sales effected in the course of inter-State trade and commerce involved in the execution of works contracts assessed to tax under APGST Act:
The appellant disputed the turnover of Rs. 1,60,97,016, claiming it involved inter-State trade. The Appellate Deputy Commissioner agreed, setting aside the assessing authority's order and remanding the matter for reassessment under the CST Act.
- Computation of turnover under various works contracts:
The appellant disputed the turnover of Rs. 6,35,46,048. The Appellate Deputy Commissioner found the issue required detailed verification and remanded the matter for further examination.

3. Rate of tax disputed:
- Sales of valves treated as sales of electrical goods:
The appellant disputed the classification and tax rate on sales of valves amounting to Rs. 19,88,402. The Appellate Deputy Commissioner, referencing the decision in J.B. Advani-Oerlikon Electrodes Pvt Ltd. v. Commissioner of Sales Tax [1972] 30 STC 337 (MP), remanded the matter for reassessment.
- Rate of tax on fabricated steel structural:
The appellant disputed the tax rate on fabricated steel structural amounting to Rs. 44,91,410. The Appellate Deputy Commissioner dismissed the appeal on this issue.

Separate Judgments Delivered:
The Sales Tax Appellate Tribunal allowed the appellant's appeal regarding the rejection of certain claims, which the department challenged in T.R.C. No. 14 of 1999. The High Court, considering the submissions and material, concluded the transactions were inter-State. The Court dismissed the department's petition (T.R.C. No. 14 of 1999) and allowed the appellant's special appeals, declaring the transactions inter-State and not taxable under the APGST Act.

Conclusion:
The High Court ruled that the transactions in question were inter-State, occasioned by the terms of the contract, and thus not subject to local tax under the APGST Act. The appeals filed by the appellant were allowed, and the department's petition was dismissed.