Court rules excise duty not part of purchase turnover for sales tax

PV. Beedies (Private) Ltd. Versus The State of Mysore and Others

PV. Beedies (Private) Ltd. Versus The State of Mysore and Others - [1963] 14 STC 139 (Mys) Issues Involved:

1. Whether the excise duty paid by the petitioner-company constitutes part of its purchase turnover.
2. Whether there was an excessive inclusion of excise duty in the company's taxable turnover.

Issue-wise Detailed Analysis:

1. Excise Duty as Part of Purchase Turnover:

The primary issue was whether the excise duty paid by the petitioner-company on the tobacco purchased from B.V. Baliga & Co. should be included in its purchase turnover for the purpose of sales tax under the Madras General Sales Tax Act. The court examined the relevant provisions of the Central Excises and Salt Act, 1944, and the Madras General Sales Tax Act.

The petitioner argued that the excise duty paid by it should not be considered part of the purchase turnover, as it was paid in discharge of its own statutory liability under Rule 7 of the Central Excise Rules. The court noted that the definition of "turnover" under Section 2(i) of the Madras General Sales Tax Act and the charging provision under Section 3(4) required the turnover to be determined according to prescribed rules. Rule 4(2) of the Madras General Sales Tax (Turnover and Assessment) Rules, 1939, specified that the taxable turnover for unmanufactured tobacco is the amount for which the goods were bought by the dealer.

The court found that the invoices prepared at the time of purchase indicated the amounts paid to Baliga & Co. as Rs. 15,650 and Rs. 16,060, respectively. The Government Pleader contended that the excise duty paid by the company should be included in the purchase price. However, the court held that the excise duty paid by the company was not part of the price for the sale of tobacco, as there was no stipulation in the contract of sale regarding the payment of excise duty by the buyer on behalf of the seller. The duty paid by the company was in discharge of its own liability under Rule 7, and thus, it did not form part of the consideration for the sale.

The court emphasized that consideration for a sale involves a benefit moving from the buyer to the seller. Since the excise duty paid by the company did not benefit the seller and was paid to fulfill the company's statutory obligation, it could not be included in the purchase turnover.

2. Excessive Inclusion of Excise Duty:

Given the court's decision on the first issue, it became unnecessary to delve into the second contention regarding the excessive inclusion of excise duty in the company's taxable turnover. The court quashed the order of the Commercial Tax Officer dated 8th October 1957, which included the excise duty in the turnover, and restored the original assessment order made by the Deputy Commercial Tax Officer on 15th January 1957.

Conclusion:

The court allowed the petition, ruling that the excise duty paid by the petitioner-company did not constitute part of its purchase turnover and quashed the revised assessment order. The petitioner-company was entitled to a refund of any excess tax paid and was awarded costs of Rs. 100.