1962 (12) TMI 43 - HC - VAT and Sales Tax

Court Allows Exemption for Green Ginger Turnover but Rejects Central Sales Tax Claim

The court partly allowed the petition regarding the turnover of green ginger, exempting it from taxation based on a Full Bench decision. However, the ... - Issues:1. Whether purchases made in the local market are exempt from taxation under the General Sales Tax Act, 1125 if they are in the course of inter-State trade or export.2. Determination of whether the movement of goods from the State was occasioned by the local purchases made by the petitioner.3. Contention regarding the turnover of green ginger not being liable to taxation based on a Full Bench decision.Analysis:1. The petitioner claimed that some purchases were in the course of inter-State trade or export, thus exempt from taxation under the General Sales Tax Act, 1125. The Central Sales Tax Act, 1956, defines when a sale or purchase is deemed to take place in the course of inter-State trade or commerce or export. The Supreme Court's interpretation in Tata Iron and Steel Co. v. S.R. Sarkar emphasized the need for a causal connection between purchases and the movement of goods for exemption. However, the mere fact that purchases were made after receiving orders from outside buyers does not establish the necessary connection for exemption.2. The central question was whether the movement of goods from the State was caused by the local purchases made by the petitioner. Referring to a similar case, the court highlighted that purchases made for the purpose of export, even if after securing orders, do not necessarily occasion the export and may not qualify for exemption. The court emphasized the importance of a causal link between purchases and the movement of goods for exemption under the Central Sales Tax Act, 1956.3. Additionally, a separate issue arose regarding the contention that a turnover related to green ginger was not liable for taxation based on a Full Bench decision. The court acknowledged this contention as correct, and the turnover of green ginger amounting to Rs. 16,699-12 nP was deemed not liable for taxation in accordance with the Full Bench decision in O.P. No. 767 of 1959.In conclusion, the petition was partly allowed concerning the turnover of green ginger but rejected in all other aspects. The court held that the petitioner's claim for exemption under sections 3 and 5 of the Central Sales Tax Act, 1956, failed due to the lack of a causal connection between the local purchases and the movement of goods from the State, thus not qualifying for exemption from taxation.