2008 (12) TMI 712 - HC - VAT and Sales Tax

Summary

Issues:
1. Liability to pay sales tax at the point of first purchase on the collection and sale of cardamom by a society promoting agricultural produce marketing.

Analysis:
The judgment of the Kerala High Court dealt with the issue of whether a petitioner society, primarily focused on marketing agricultural produce of tribal members, is liable to pay sales tax at the point of first purchase on the collection and sale of cardamom. The assessing officer initially treated the collection and sale of cardamom by the petitioner as purchase and sale, subjecting them to sales tax. However, the appellate authority found that the petitioner was engaged in marketing produce of members and did not actually purchase the cardamom from them. The appellate authority noted that the petitioner collected cardamom from members against receipts without indicating a purchase price, entrusting it to auctioneers for sale. The Tribunal, while referring to trading accounts, presumed a sale had occurred. The petitioner argued that no purchase of cardamom was shown in the trading account and that tax had been paid by auctioneers at the first point of purchase, as evidenced by certificates. The High Court found that there was no evidence of actual purchases by the petitioner, and the bye-laws only focused on marketing produce, not purchasing from members. Despite some sales to dealers in the State, the absence of purchases meant that first purchase tax could not be levied on the petitioner. The court upheld the findings of the first appellate authority and reversed the Tribunal's decision, emphasizing the lack of purchases by the petitioner as per the society's bye-laws and documents submitted.