TMI Blog2022 (9) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... es the rate at which entry tax to be charged and as per sub-section (1), the entry tax payable by a dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule-II and Schedule-III - The appellant has evolved the ELP system for sale in the market throughout the country and the price mentioned in Form F is only the stock transfer price not liable to be treated as the sale price of the goods. As per Section 4 of the Entry Tax Act, the entry tax payable by the dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule-II and Scheduled-III, but there is no such provision for charging of entry tax on ELP adopted by the appellant, same is alien to the Entry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt sells its products through its Sales Depots situated in various parts of the State of Madhya Pradesh (M.P.) and other parts of the country. During the period in question, the finished goods entered for sale in M.P. on a stock transfer basis to the Sale Depot at Indore under the C F arrangement against the declaration in Form F. The stock transfer price mentioned in Form F has been treated as the value of the goods which was determined in accordance with the provisions of the Central Excise Act and the Rules for levy of excise duty. 4. According to the appellant for the purposes of sale of goods w.e.f. 2002 the appellant/company switched over to Equalized List Price (ELP) system under which the same product is available to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... second appeal before the M.P. Commercial Tax Appellate Board, Bhopal. Vide order dated 8.4.2022 the Appellate Board has also dismissed the appeal, hence the present appeal before this Court proposing substantial question of law as under : Whether on the facts and circumstances of the present case, the imposition of Entry Tax based on stock transfer price as against the Equalized List Price (ELP) adopted by the appellant is correct and proper? 8. Shri P.M. Choudhary, learned senior counsel appearing for the appellant, argued that the Assessing Officer, appellate authority as well as the Appellate Board have committed an error of law by treating the stock transfer price as a market price for levy of Entry Tax without examining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also been held that if the sale price is taken as the basis, for levying the entry tax then it will not be the Entry Tax on entry of the goods because the sales price is different depending on the time when the goods are sold. Hence, no question of law is involved in this appeal and the appeal is liable to be dismissed. We have heard the learned counsel for the parties and perused the material available on record. 10. The Entry Tax Act, 1976 has been enacted to levy a tax on the entry of goods into a local area in the State of M.P. For consumption, use or sale therein. The entry of goods into a local area is defined under section 2(aa) and as per Section 2(b), Entry Tax means a tax on entry of goods into a local area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and such tax shall be paid by every dealer under the VAT Act who has affected the entry of such goods. Section 4 defines the rate at which entry tax to be charged and as per sub-section (1), the entry tax payable by a dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule-II and Schedule-III. The contention of Shri P.M. Choudhary learned senior counsel appearing for the appellant is that the sale depot of the appellant at Indore received goods by way of stock transfer otherwise than the purchase, hence the entry tax is leviable on the market value of such goods. The appellant has evolved the ELP system for sale in the market throughout the country and the price mentioned in Form F is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the dealer under this Act shall be charged on his taxable quantum relating to goods specified in Schedule-II and Scheduled-III, but there is no such provision for charging of entry tax on ELP adopted by the appellant, same is alien to the Entry Tax Act or VAT Act. In the case of Union of India v. Ind-Swift Laboratories Ltd. , reported in (2011) 4 SCC 635 the Apex Court has held as under:- 20. A taxing statute must be interpreted in the light of what is clearly expressed. It is not permissible to import provisions in a taxing statute to supply any assumed deficiency. In support of the same we may refer to the decision of this Court in CST v. Modi Sugar Mills Ltd. [AIR 1961 SC 1047 : (1961) 2 SCR 189] wherein this Court at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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