1982 (7) TMI 259 - HC - VAT and Sales Tax

State's Financial Assistance Deemed Financing Agreement, Plaintiff Entitled to Sales Tax Refund

State of Kerala Versus Modern Plastic Industries

State of Kerala Versus Modern Plastic Industries - [1984] 57 STC 64 (Ker) Issues:- Determining whether the hire-purchase agreement was actually a financing arrangement.- Assessing the liability of the plaintiff to pay sales tax to the State Government.- Analyzing the nature of the transaction between the plaintiff and the State Government regarding the purchase of machinery.Analysis:1. The primary issue in this case was to ascertain the true nature of the agreement between the plaintiff and the State Government, whether it was a hire-purchase agreement or a financing arrangement. The Court examined the circumstances surrounding the transaction and the intention of the parties involved. The Court observed that while the agreement appeared to be a hire-purchase, in reality, it functioned as a financing arrangement. The State Government's objective was not to sell the machinery but to provide financial assistance to the plaintiff for his business needs. The Court emphasized the distinction between a hire-purchase agreement and a financing arrangement, citing the decision of the Supreme Court in Sundaram Finance Ltd. v. State of Kerala.2. The Court delved into the details of the transaction, noting that the plaintiff sought a loan from the State Government for the purchase of machinery for his business. The State Government financed a portion of the machinery's cost, with the plaintiff covering the remaining amount. The agreement included typical hire-purchase terms, with an option for the plaintiff to purchase the machinery after a specified period. However, the Court highlighted that the State Government's primary interest was in securing the repayment of the loan rather than transferring ownership of the machinery.3. Another crucial aspect of the judgment was the examination of the liability of the plaintiff to pay sales tax to the State Government. The Court scrutinized the terms of the agreement, particularly clause 6, which outlined the plaintiff's obligations regarding taxes. The Court concluded that the clause did not specifically impose a liability on the plaintiff to pay sales tax but rather referred to taxes levied or leviable. The Court determined that the plaintiff's liability to pay tax should not be based solely on the agreement but on legal grounds.4. Based on the analysis of the transaction and the legal principles governing hire-purchase agreements and financing arrangements, the Court upheld the decision of the lower court. The Court agreed with the lower court's ruling that the agreement between the plaintiff and the State Government should be construed as a financing agreement. Consequently, the Court dismissed the appeal and decreed in favor of the plaintiff, ordering the State to repay the sum paid as sales tax.