1962 (4) TMI 64 - SC - VAT and Sales Tax

Whether the appellant comes within section 14-A of the Madras General Sales Tax Act and is liable to tax as a dealer? Held that - Appeal dismissed. Sub-section (2) of section 14-A was said to be connected with the opening part and it was argued that the tax was leviable on the turn-over relating to the business of a non-resident which was carried on by the non-resident in the taxable territory. In our opinion once the finding is given that the non-resident principal carried on the business of selling in Andhra Pradesh and the appellant was the admitted agent through whom this business was carried on the rest follows without any difficulty. The High Court in our opinion was therefore right in upholding the levy of the tax from the appellant in view of our decision that the appellant came within the four corners of section 14-A in relation to the transactions disclosed in the last category.

Summary

Issues:
Levy of sales tax on turnover for the years 1954-55 and 1955-56, applicability of section 14-A of the Madras General Sales Tax Act, liability of the appellant as a dealer, interpretation of the agreements between the non-resident principals and the appellant, assessment of tax on the agent residing in the State, connection of the appellant with the business of non-resident principals, application of sub-section (2) of section 14-A.

Analysis:
The Supreme Court heard two appeals filed by G. Gilda Taxtile Agency against the State of Andhra Pradesh regarding the levy of sales tax on its turnover for the years 1954-55 and 1955-56. The appellant acted as an agent for non-resident principals, booking orders and dealing with indents on their behalf. Three agreements were produced as evidence, appointing the appellant as an indenting agent in Andhra Pradesh for cloth merchants residing outside the state. The appellant conducted business in three categories: direct sales, forwarding orders to principals, and handling sales by outside dealers to buyers in the state. The issue revolved around whether the appellant falls under section 14-A of the Madras General Sales Tax Act and is liable to tax as a dealer. The Tribunal concluded that the appellant must be deemed a "dealer" under section 14-A, making it liable for tax.

The crux of the matter lies in the interpretation of section 14-A, which deems the agent liable as a dealer if acting on behalf of a non-resident person conducting business in the State. The appellant contested whether the non-resident principals were actually carrying on the business of selling in Andhra Pradesh. Citing a previous case, the appellant argued that the principals were not selling goods in the state. However, the High Court found that the principals were indeed conducting business in Andhra Pradesh, based on their actions of taking out railway receipts in their names, indicating ownership and control over the goods. The High Court held that the appellant, as the agent facilitating these sales, was liable as a dealer under the Act.

The Court upheld the High Court's decision, emphasizing that once it was established that the non-resident principals were selling goods in Andhra Pradesh and the appellant was their agent, the liability under section 14-A applied. The connection between the principals' business and the appellant's role as an agent was clear, leading to the conclusion that the appellant fell within the scope of section 14-A concerning the transactions in question. Consequently, the appeals were dismissed, and costs were awarded to the respondents.

In summary, the judgment affirmed the levy of sales tax on the appellant's turnover based on its role as an agent for non-resident principals conducting business in Andhra Pradesh. The application of section 14-A of the Madras General Sales Tax Act deemed the appellant liable as a dealer, as established by the High Court's findings regarding the principals' business activities in the state. The Court's decision rested on the clear connection between the principals' sales and the appellant's facilitation of those transactions, leading to the dismissal of the appeals.