1975 (5) TMI 81 - HC - VAT and Sales Tax

Kerala HC: No Existing Business Needed for Goods Registration under CST Rules

The Kerala High Court clarified that goods do not need to be intended for use in an existing business for registration under rule 13 of the Central Sales ... - Issues:Interpretation of rule 13 of the Central Sales Tax (Registration and Turnover) Rules, 1957 regarding the requirement for goods intended for use in an existing business for registration. Application of sections 7, 8(1), and 8(3) of the Central Sales Tax Act, 1956 in relation to the registration of dealers for concessional rate of assessment. Dispute over the inclusion of machinery in the certificate of registration without a pre-existing manufacturing or processing business.Analysis:The judgment by the Kerala High Court involved the interpretation of rule 13 of the Central Sales Tax (Registration and Turnover) Rules, 1957, specifically regarding the necessity of goods being intended for use in an existing business for registration. The Court affirmed that there is no requirement in rule 13 that the goods must be intended for use in an existing business. The Court analyzed the connection between section 7 of the Central Sales Tax Act, 1956, which mandates dealer registration, and sections 8(1) and 8(3) which provide for concessional rates of assessment for certain goods sold in inter-State trade or commerce.The Court highlighted that sections 8(1) and 8(3) of the Act pertain to a different scenario compared to section 7 and rule 13, focusing on whether the goods were intended for use in the manufacture or processing of goods for sale. In a specific case, the respondent sought to include machinery in the registration certificate for a business manufacturing plastic products. However, the Sales Tax Officer refused to include machinery, asserting that a dealer without an existing manufacturing business is not entitled to concessional tax rates under section 8.The Court disagreed with this interpretation, emphasizing that the requirement of a pre-existing business for concessional tax rates was unfounded. The judgment overturned the decisions of the Sales Tax Officer and Deputy Commissioner, granting the respondent the right to include machinery in the registration certificate. Another similar case raised the same issue, and the Court ruled in favor of the petitioner, directing the authorities to reconsider the application for registration without the precondition of a pre-existing manufacturing business.In conclusion, the High Court dismissed the appeal, upholding the decision that goods need not be intended for use in an existing business for registration. The Court allowed the petition in the second case, quashing previous orders and instructing a fresh review of the registration application without the requirement of a pre-existing manufacturing business.