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        VAT and Sales Tax

        1991 (2) TMI 378 - HC - VAT and Sales Tax

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        Declared goods retain identity in seed form, and absent C forms central sales tax applies at twice the State rate. Jowar retained its identity as a declared commodity under the Central Sales Tax Act even when sold in seed form, so its character did not change merely ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Declared goods retain identity in seed form, and absent C forms central sales tax applies at twice the State rate.

                              Jowar retained its identity as a declared commodity under the Central Sales Tax Act even when sold in seed form, so its character did not change merely because of its form. In the absence of C forms, section 8(2)(a) required central sales tax at twice the applicable State sales tax rate; on the admitted State rate of 2 per cent, the CST rate was 4 per cent. The Revenue's revision therefore failed.




                              Issues: Whether jowar, though in seed form, continued to be jowar for the purpose of levy of central sales tax as declared goods and, if so, whether in the absence of C forms the tax was chargeable at double the appropriate State sales tax rate.

                              Analysis: Jowar was treated as declared goods under section 14 of the Central Sales Tax Act, 1956. On the admitted local sales tax rate of 2 per cent, section 8(2)(a) made the central sales tax payable at double the State rate where the sale was without C forms. The Court also rejected the contention that jowar ceased to be jowar merely because it was in seed form, holding that its character as jowar remained unchanged.

                              Conclusion: Jowar remained jowar in seed form and attracted central sales tax at 4 per cent under section 8(2)(a) of the Central Sales Tax Act, 1956; the revision filed by the Revenue failed.

                              Ratio Decidendi: A declared commodity retains its identity notwithstanding its form, and in the absence of C forms the central sales tax is chargeable at twice the appropriate State sales tax rate under section 8(2)(a) of the Central Sales Tax Act, 1956.


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