Export sale exemption and commodity classification in sales tax turn on statutory connection with export and trade identity of goods.

Export exemption under section 5(1) of the Central Sales Tax Act applies only when the sale itself is integrally connected with export; sales of ferro-manganese to MMTC under the canalisation arrangement did not satisfy that test. Ferro-manganese was treated as falling within the expression "manganese" in entry 1 of the Second Schedule to the Andhra Pradesh General Sales Tax Act, so it escaped levy as general goods and the liability rested on the last purchaser in the State. Manganese slag was held to have a distinct commercial identity from manganese ore, so it could not be equated with ore for sales tax purposes.

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Issues: (i) Whether the sales of ferro-manganese to MMTC were export sales in the course of export exempt from State sales tax; (ii) whether ferro-manganese falls within the expression "manganese" in entry 1 of the Second Schedule to the Andhra Pradesh General Sales Tax Act so as to escape levy as general goods; (iii) whether manganese slag is commercially the same as manganese ore.

Issue (i): Whether the sales of ferro-manganese to MMTC were export sales in the course of export exempt from State sales tax.

Analysis: The transactions were structured as sales to MMTC under the canalisation policy, with MMTC entering into the export sale with the foreign buyer. The exemption under section 5(1) of the Central Sales Tax Act applies only where the sale itself is integrally connected with export in the manner required by law. On the facts found, the sales made by the assessee did not answer that test.

Conclusion: The issue was decided against the assessee.

Issue (ii): Whether ferro-manganese falls within the expression "manganese" in entry 1 of the Second Schedule to the Andhra Pradesh General Sales Tax Act so as to escape levy as general goods.

Analysis: The Tribunal's finding, affirmed in the connected matter referred to by the Court, was that ferro-manganese is manganese for the purpose of the entry. On that classification, the commodity could not be taxed as general goods under section 5(1) of the Andhra Pradesh General Sales Tax Act, and the liability fell on the last purchaser in the State.

Conclusion: The issue was decided in favour of the assessee.

Issue (iii): Whether manganese slag is commercially the same as manganese ore.

Analysis: The material showed that manganese slag is treated in trade as a separate commodity, with a different commercial identity and use, and even the assessee had treated its turnover separately. It was therefore not possible to equate it with manganese ore.

Conclusion: The issue was decided against the assessee.

Final Conclusion: The revisions failed overall because the challenged levy was upheld on the export-sale issue and the manganese-slag issue, while the commodity-classification ruling on ferro-manganese did not alter the final dismissal of the tax revisions.

Ratio Decidendi: For sales tax purposes, the commercial identity of goods is determined by trade understanding, and a sale routed through an intermediary does not become an export sale unless the statutory requirements connecting the sale to export are satisfied.

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