1991 (9) TMI 341 - AT - VAT and Sales Tax

Tribunal upholds tax liability for sick companies, rules turnover basis valid.

Universal Paper Mills Ltd. and Another Versus Commercial Tax Officer, Park Street Charge and Others

The Tribunal upheld the validity of provisions under two Acts, rejecting the argument that a sick industrial company should be exempt from turnover tax ... - Issues:Challenge to the validity of provisions under two Acts - Capacity to pay as a criterion - Applicability of provisions to a sick industrial company - Constitutionality of provisions under Article 14.Analysis:The judgment involves an application challenging the validity of provisions under two Acts, specifically section 6B of the Bengal Finance (Sales Tax) Act, 1941, and section 4AAA of the West Bengal Sales Tax Act, 1954. The applicant argued that the company, declared a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985, should be exempt from these provisions due to its lack of capacity to pay turnover tax. The Tribunal considered the relevance of capacity to pay in tax imposition and emphasized that the applicability of provisions is not contingent on the capacity of a particular dealer. The Tribunal held that even if a company loses its capacity to pay, it remains liable to pay taxes as per statutes, dismissing the argument based on capacity to pay.The next issue addressed was the constitutionality of the provisions under Article 14 of the Constitution. The applicant contended that sick companies form a distinct class and should not be treated similarly to other dealers for tax purposes. However, the Tribunal ruled that the classification based on turnover, not capacity to pay, was rational and reasonable. It highlighted that the legislative classification of dealers by turnover amount was justified, as higher turnover implies higher capacity to pay. The Tribunal rejected the argument that sick companies constitute a separate class, emphasizing that the basis of classification was the quantum of turnover, which was deemed rational and reasonable by the courts.Ultimately, the Tribunal dismissed all contentions, upholding the applicability of the provisions to the applicant-company and affirming the constitutionality of the legislative classification based on turnover. The application was dismissed, and any interim order was vacated. No costs were awarded, and a prayer for stay of the judgment was granted for eight weeks. The Chairman and Technical Member agreed on the decision, resulting in the dismissal of the application.