1989 (4) TMI 297 - HC - VAT and Sales Tax

Interpretation of 'raw material' under Entry Tax Act clarified by High Court.

Commissioner of Sales Tax, MP, Bhopal Versus MP Housing Board

Commissioner of Sales Tax, MP, Bhopal Versus MP Housing Board - [1989] 75 STC 419 (MP) Issues:1. Interpretation of penalty under section 17(3) of the M.P. General Sales Tax Act in relation to registered dealers.2. Interpretation of the term 'raw material' in section 3(1)(b) of the Entry Tax Act.Analysis:The judgment of the High Court of Madhya Pradesh dealt with a reference under section 44(1) of the M.P. General Sales Tax Act, 1958, involving questions of law related to the imposition of penalties and the interpretation of statutory provisions. The case involved an assessee who was a Government undertaking assessed under the M.P. Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976. The primary contention was whether entry tax could be levied on the assessee for goods entering local areas, based on their use or consumption as raw materials. The assessing authority imposed a penalty under section 17(3) of the Act, which was challenged in subsequent appeals.The Board of Revenue held that entry tax could be levied if the goods were consumed by the assessee, regardless of whether they were used as raw materials. However, the Board also ruled that since the assessee was not a registered dealer, the penalty under section 17(3) could not be imposed. This decision led to appeals from both the assessee and the department, resulting in the reference to the High Court. The questions referred pertained to the interpretation of statutory provisions regarding the imposition of penalties and the scope of taxation under the Entry Tax Act.To address the second question raised in the reference, the Court analyzed section 3(1)(b) of the Entry Tax Act, which specified the conditions for levying entry tax on goods entering local areas. The provision required that goods be entered for consumption or use as raw material, but not for sale therein. The Court emphasized that mere consumption would not attract the tax, and the goods must be entered for consumption or use as raw material. The Tribunal's interpretation that the term 'raw material' only qualified 'use' and not 'consumption' was deemed unjustified by the Court.Consequently, the Court answered the second question by stating that the Tribunal erred in its interpretation of the term 'raw material' in section 3(1)(b) of the Act. As a result of this finding, the Court declined to answer the first question, as it was deemed unnecessary based on the resolution of the second question. The reference was answered accordingly, and the parties were directed to bear their own costs in relation to the references.