2021 (4) TMI 78 - HC - VAT and Sales Tax

Concessional benefit of tax - Issuance of C forms - purchase of High Speed Diesel from suppliers in other States - HELD THAT - Issue decided in the case of M/S. THE RAMCO CEMENTS LTD. VERSUS THE COMMISSIONER OF COMMERCIAL TAXES THE ADDITIONAL COMMISSIONER (CT) 2018 (10) TMI 1529 - MADRAS HIGH COURT where it was held that the respondents are directed to permit these petitioners to download C forms as has been done in the past for the purpose of purchasing petroleum products against the issuance of C declaration forms. Petition allowed.

Summary

Issues involved:
- Interpretation of provisions related to the issuance of "C" forms under the Central Sales Tax Act, 1956 for the purchase of High Speed Diesel from suppliers in other States.

Analysis:
1. Interpretation of Legal Precedents:
- The writ petition raised the issue of obtaining "C" forms under the Central Sales Tax Act for purchasing High Speed Diesel from suppliers in other States. The petitioner relied on a decision of the High Court in the case of M/s Ramco Cements Ltd. The court noted that similar issues had been considered and decided in other cases, such as M/s. Dhandapani Cement Private Limited vs. The State of Tamil Nadu. The court emphasized that the benefit of concessional rates is available to dealers purchasing High Speed Diesel from neighboring states through inter-state sales.

2. Application of Legal Precedents:
- The court discussed how the decisions of other courts, including the Punjab and Haryana High Court and the Supreme Court, supported the petitioner's position regarding the entitlement to "C" forms for purchasing High Speed Diesel from other states. The court highlighted that the decision in M/s Ramco Cements Ltd. should be applied to all pending assessments until stayed or reversed.

3. Registration under CST Act:
- The judgment addressed the liability to pay tax under the CST Act, emphasizing that the liability also applies to purchasing dealers. It clarified that even dealers solely purchasing goods in inter-State trade can secure registration under the CST Act. The court rejected the contention that dealers had lost their entitlement to be registered under the CST Act, emphasizing the independent right of any dealer to obtain registration.

4. Constitutional Rights and GST Laws:
- The judgment delved into the constitutional rights of dealers to purchase goods in inter-State trade, highlighting that the freedom of trade, including the right to purchase, is protected under the Constitution. It emphasized that the GST regime laws do not take away these rights and that denying dealers the right to purchase goods would lead to a violation of Article 14 of the Constitution.

5. Dismissal of Appeals and Final Orders:
- The judgment mentioned that the State's appeals challenging the decisions related to "C" forms under the CST Act were dismissed by a Division Bench and the Supreme Court. The court directed the Revenue Authorities not to restrict the use of "C" forms for inter-State purchases and to permit online downloading of such forms for dealers. The circular letter of the Commissioner was quashed.

6. Conclusion:
- The writ petition was allowed, and connected miscellaneous petitions were closed. The Supreme Court dismissed the Special Leave Petitions filed by the Commercial Taxes Department, upholding the decisions related to the issuance of "C" forms under the CST Act.