1996 (4) TMI 419 - SC - VAT and Sales Tax

Supreme Court clarifies tax rules for inter-State sales, emphasizes proper tax collection

Bharat Heavy Electricals Limited Versus Union of India and Others

The Supreme Court of India clarified the application of Articles 286 and 269 of the Constitution and the Central Sales Tax Act, emphasizing that ... Whether a sale is an inter-State sale or not - Held that:- Appeal allowed. Whether a particular sale is an inter-State sale or an intra-State sale is essentially a question of fact. It must be said, at the same time, that it is not a pure question of fact inasmuch as the facts of a given case have to be examined in the light of the provisions contained in section 3 of the Central Sales Tax Act. The main reason for entertaining the present appeals under article 136 of the Constitution is the grievance of BHEL that the same transaction of sale is being subjected not only to Central sales tax in more than one State but that the Orissa State is treating the very same transaction of sale as an intra-State sale and levying the Orissa State sales tax thereon. The grievance cannot be said to be not justified. The dispute is not only between BHEL and the States, it is also, in a sense, a dispute between the State inter se. Thus the matter remitted to the Tribunal. It is made clear that we have not expressed any opinion on the merits of these appeals. Issues Involved:1. Constitutionality and interpretation of Article 286 and 269 of the Indian Constitution.2. Application of the Central Sales Tax Act, 1956.3. Determination of inter-State sales versus intra-State sales.4. Double taxation and adjustment of taxes between States.5. Specific case analysis of Bharat Heavy Electricals Ltd. (BHEL) and its contracts with NALCO and NTPC.6. Dispute between BHEL and the State of Orissa regarding tax assessments.Issue-wise Detailed Analysis:1. Constitutionality and Interpretation of Article 286 and 269 of the Indian Constitution:The judgment discusses the amendments made to Article 286 and 269 by the Constitution (Sixth Amendment) Act, 1956, and the Constitution (Forty-sixth Amendment) Act, 1982. Article 286 restricts the power of State Legislatures to levy taxes on sales or purchases that occur outside the State or in the course of import/export. Article 269 specifies the duties and taxes levied and collected by the Government of India but assigned to the States. The judgment emphasizes that the Parliament has the power to formulate principles for determining when a sale or purchase occurs in the course of inter-State trade or commerce.2. Application of the Central Sales Tax Act, 1956:The Central Sales Tax Act was enacted to implement the provisions of Articles 286 and 269. Section 3 defines inter-State sales, and Section 4 specifies when a sale occurs outside a State. Section 5 determines when a sale occurs in the course of import/export. Section 9 outlines the levy and collection of tax, specifying that the tax is collected in the State from which the movement of goods commenced. The judgment clarifies that the Central Sales Tax Act has entrusted the job of assessment and collection to the State machinery, acting on behalf of the Central Government.3. Determination of Inter-State Sales versus Intra-State Sales:The judgment highlights that whether a sale is an inter-State sale or an intra-State sale is a mixed question of fact and law. It must be determined based on Section 3 of the Central Sales Tax Act. The Court refers to previous decisions, including Tata Iron and Steel Co. Limited v. S.R. Sarkar and Manganese Ore (India) Ltd. v. Regional Assistant Commissioner of Sales Tax, to reinforce that Section 3 alone is relevant for determining inter-State sales.4. Double Taxation and Adjustment of Taxes between States:The Court addresses the issue of double taxation, where more than one State taxes the same sale. It emphasizes that the Central Sales Tax should be levied and collected in the State from which the movement of goods commences, as per Section 9(1). The Court directs that appropriate adjustments and refunds should be made between the States to ensure that the tax is collected only in the State lawfully entitled to it. This direction follows the precedent set in K.G. Khosla and Co. Ltd.5. Specific Case Analysis of Bharat Heavy Electricals Ltd. (BHEL) and its Contracts with NALCO and NTPC:The Court examines the specific case of BHEL, which had contracts with NALCO and NTPC for setting up power plants. The Court finds that the parts and components manufactured by BHEL's Hyderabad unit and sent directly to the work-site at Angul or Farakka constitute inter-State sales. The movement of goods from Andhra Pradesh to Orissa or West Bengal was occasioned by the supply contract, making it a sale in the course of inter-State trade. Consequently, the Central sales tax is leviable in Andhra Pradesh.6. Dispute between BHEL and the State of Orissa regarding Tax Assessments:The Court addresses the dispute between BHEL and the State of Orissa, where Orissa treated the sale of machinery and equipment under the supply contracts as intra-State sales. The Orissa Sales Tax Tribunal had ruled that the sales took place within Orissa, making them subject to Orissa sales tax. The Court finds the Tribunal's reasoning flawed and remands the matter to the Tribunal for reconsideration. The Court clarifies that the Tribunal must dispose of the appeals according to the legal principles outlined in the judgment.Conclusion:The Supreme Court of India clarifies the application of Articles 286 and 269 of the Constitution and the Central Sales Tax Act, emphasizing that inter-State sales must be taxed in the State from which the movement of goods commences. The judgment addresses the issue of double taxation and directs adjustments between States to ensure proper tax collection. The specific case of BHEL is analyzed, and the dispute with the State of Orissa is remanded for reconsideration. The Court provides clear legal principles for determining inter-State sales and intra-State sales, ensuring uniform application of the law.