2006 (1) TMI 567 - HC - VAT and Sales Tax

Court affirms sales tax on gutka, denies exemption, rejects double taxation, upholds legislative competence.

MR. Tobacco Pvt. Ltd. Versus Union of India and others

The court upheld the constitutional validity of a notification retrospectively including gutka in the sales tax schedule. It allowed challenges to ... - Issues Involved:1. Constitutional validity of the notification dated March 31, 2000.2. Correctness of reassessment orders for the periods 2000-2001 and 2001-2002.3. Exemption from sales tax under the Additional Duties of Excise (Goods of Special Importance) Act, 1957.4. Double taxation and its legality.5. Legislative competence of the State to levy sales tax on goods subject to additional excise duties.Issue-Wise Detailed Analysis:1. Constitutional Validity of the Notification:The petitioners challenged the constitutional validity of the notification dated March 31, 2000, which retrospectively included gutka in the First Schedule to the Delhi Sales Tax Act, 1975, effective from April 1, 2000. The petitioners argued that this inclusion was unconstitutional. However, the court referred to the case of Shanti Fragrances v. Union of India, where a similar challenge was examined and repelled. The court held that the power to grant or withdraw exemptions by including or deleting entries from the Schedule was within the authority of the Lt. Governor and did not constitute any constitutional impropriety.2. Correctness of Reassessment Orders:The petitioners also contested the reassessment orders for the periods 2000-2001 and 2001-2002, which were reopened and culminated in demands for payment of taxes. The court did not delve into the merits of the reassessment orders, suggesting that the petitioners could challenge these orders through appropriate appeals before the appellate authority.3. Exemption from Sales Tax under the Additional Duties of Excise (Goods of Special Importance) Act, 1957:The petitioners argued that gutka and tobacco were covered under the Additional Duties of Excise Act, 1957, and thus were exempt from sales tax. The court, however, distinguished this case from the Supreme Court's decision in Kothari Products Ltd. v. Government of Andhra Pradesh, noting that the provisions of the Delhi Sales Tax Act, 1975, did not grant such an exemption. The court emphasized that the legislative schemes of the Andhra Pradesh General Sales Tax Act and the Delhi Sales Tax Act were different, and thus the petitioners' reliance on the Kothari Products case was misplaced.4. Double Taxation and its Legality:The petitioners contended that the levy of additional excise duty in lieu of sales tax and the subsequent inclusion of gutka in the First Schedule to the Act exposed them to double taxation, which was legally impermissible. The court rejected this argument, explaining that the Additional Duties of Excise Act did not preclude the State Legislature from levying sales tax on the same goods. The court cited multiple Supreme Court decisions, including Mahalakshmi Oil Mills v. State of Andhra Pradesh and State of Kerala v. Attesse, which clarified that states could levy sales tax on goods subject to additional excise duties, albeit at the risk of forfeiting their share of the additional excise duty proceeds.5. Legislative Competence of the State to Levy Sales Tax on Goods Subject to Additional Excise Duties:The court reiterated that the legislative competence of the State to levy sales tax on goods subject to additional excise duties was not curtailed by the Additional Duties of Excise Act or the Constitution (Eightieth Amendment) Act, 2000. The court referred to the Statement of Objects and Reasons of the Constitution (Eightieth Amendment) Act, 2000, which suggested that states could levy sales tax on such goods, provided they were willing to forego their share of the additional excise duties.Conclusion:The court dismissed the writ petitions, upholding the constitutional validity of the notification and allowing the petitioners the liberty to challenge the reassessment orders through appropriate appeals. The court found no merit in the arguments regarding exemption from sales tax, double taxation, or the legislative competence of the State.Writ petitions dismissed.