1998 (1) TMI 500 - HC - VAT and Sales Tax

Writ petition challenging tax assessment orders dismissed due to availability of statutory appeal remedies

The Court dismissed the writ petition challenging assessment orders under the U.P. Trade Tax Act and Central Sales Tax Act for the year 1990-91 regarding ... - Issues:Assessment under U.P. Trade Tax Act and Central Sales Tax Act for the year 1990-91; Taxation of gunny bags along with sugar turnover; Exemption of sugar from sales tax; Implied contract for sale of gunny bags; Statutory alternative remedy of appeal against assessment orders.Analysis:The petitioner challenged two assessment orders under the U.P. Trade Tax Act and the Central Sales Tax Act for the year 1990-91, disputing the taxation of gunny bags along with the sugar turnover. The petitioner contended that sugar, a declared commodity, was exempt from sales tax. It argued that the value of gunny bags sold with sugar, which was exempt from tax, should not be taxable as no separate consideration was charged for the bags. The petitioner claimed that the sale of sugar in gunny bags was a composite transaction where bags were incidental and not part of the sale contract. It emphasized that maintaining separate registers for gunny bags was solely for excise duty computation purposes, not for separate taxation under the Acts.The respondents countered, asserting that there was an implied contract for the sale of gunny bags as a composite price was charged for sugar and bags in the sale transactions. Citing legal precedents, the Supreme Court's stance in similar cases was referenced. The Court emphasized that the nature of the transaction, including any implied agreements, must be analyzed to determine the taxability of packing materials. The Court highlighted that factual investigation into the transaction's nature and circumstances is crucial, and the assessing authority must ascertain the true character of the transaction based on all relevant facts.Ultimately, the Court dismissed the writ petition, emphasizing the availability of statutory alternative remedies through appeal mechanisms provided under the Acts. The Court noted that disputed questions of fact were involved, suggesting that the petitioner should pursue remedies through the appropriate forums. The dismissal was based on the ground of alternative remedy without delving into the merits of the contentions, allowing the petitioner to challenge the assessment orders through appeals within a specified timeline. The stay order was discharged, and the Court maintained that the statutory remedy was adequate and efficacious for addressing the petitioner's grievances.