2001 (10) TMI 1127 - HC - VAT and Sales Tax

Tax rate reduction notification does not exempt dealers from Additional Sales Tax liability

The court clarified that a reduction in tax rate under a notification does not relieve a dealer from liability under the Tamil Nadu Additional Sales Tax ... - Issues:- Effect of reduction in rate under a notification on liability for payment of tax under the Tamil Nadu Additional Sales Tax Act, 1970.Analysis:The judgment addresses the contention that a reduction in the tax rate through a notification under section 17 of the Tamil Nadu General Sales Tax Act, 1959 may relieve a dealer from liability under the Tamil Nadu Additional Sales Tax Act, 1970. However, the court clarifies that the notification in question does not mention the Additional Sales Tax Act and only limits the tax payable on specific transactions. The Additional Sales Tax Act is deemed an independent legislation imposing additional tax on dealers based on turnover. The Act includes provisions ensuring that the aggregate of sales tax and additional tax does not exceed 4% for declared goods.The court emphasizes that concessions under the General Sales Tax Act do not exempt dealers from liability under the Additional Sales Tax Act. Even if a dealer benefits from a concessional rate under the General Sales Tax Act, they are still obligated to pay the additional tax under the separate legislation. The court rejects the argument that the notification under the General Sales Tax Act sets the maximum extent of a dealer's liability, highlighting that the dealer must comply with both Acts.Furthermore, the judgment references a Supreme Court case to clarify the scope of the term 'general sales tax law' and the applicability of additional sales tax. The Supreme Court decision highlighted in the judgment confirms that dealers may be required to pay tax under multiple enactments. Ultimately, the court dismisses the writ petitions, finding no merit in the arguments presented by the counsel for the assessee.In conclusion, the judgment reaffirms that concessions under the General Sales Tax Act do not absolve dealers from their obligations under the Additional Sales Tax Act. The court's analysis underscores the independent nature of the two legislations and the distinct tax liabilities they impose on dealers based on turnover, with no provision for exemptions or rate reductions under the Additional Sales Tax Act.