2020 (1) TMI 800 - SC - VAT and Sales Tax

Sales of goods to foreign-bound ships as 'ship stores' subject to state sales tax under West Bengal Sales Tax Acts.

Nirmal Kumar Parsan Versus Commissioner of Commercial Taxes & Others And Parsan Brothers and Another Versus Assistant Commissioner of Commercial Taxes & Others

Nirmal Kumar Parsan Versus Commissioner of Commercial Taxes & Others And Parsan Brothers and Another Versus Assistant Commissioner of Commercial Taxes & ... Issues Involved:1. Whether the sales of imported goods stored in bonded warehouses and sold to foreign-bound ships as 'ship stores' are amenable to sales tax under the West Bengal Sales Tax Act, 1954, and the West Bengal Sales Tax Act, 1994.2. Whether the sales in question qualify as 'sales in the course of import' and are thus exempt from state sales tax.3. Whether the sales qualify as 'sales in the course of export' and are thus exempt from state sales tax.4. Interpretation of relevant statutory provisions, including Article 286 of the Constitution of India, Section 5 of the Central Sales Tax Act, 1956, and relevant provisions of the Customs Act, 1962.Issue-wise Detailed Analysis:1. Amenability to Sales Tax under the West Bengal Sales Tax Acts:The principal question was whether the sales of goods imported and stored in bonded warehouses, and subsequently sold to foreign-going ships as 'ship stores,' are subject to sales tax under the West Bengal Sales Tax Act, 1954, and the West Bengal Sales Tax Act, 1994. The court affirmed that the sales took place within the territory of West Bengal and were thus amenable to sales tax. The goods were appropriated and sold within the bonded warehouse, which is within the state's landmass, making them subject to state sales tax laws.2. Sales in the Course of Import:The appellants argued that the sales were in the course of import and thus exempt from sales tax. The court analyzed the definition of 'sale in the course of import' under Section 5(2) of the CST Act, which requires that the sale must occasion the import or be effected by a transfer of documents of title to the goods before they cross the customs frontiers of India. The court concluded that the sales did not occasion the import of the goods into India. The goods were sold after being unloaded and stored in bonded warehouses within West Bengal, and the sale did not cause the import. The court emphasized that the sale must be part and parcel of the import process, which was not the case here.3. Sales in the Course of Export:The appellants did not pursue the argument that the sales were in the course of export. The court noted that for a sale to be considered in the course of export, it must occasion the export or be effected by a transfer of documents of title to the goods after they have crossed the customs frontiers of India. The court referred to previous judgments, including Madras Marine and Burmah Shell, to assert that the sales in question did not qualify as exports since the goods were intended for consumption on board the ship and did not have a foreign destination where they could be received as imports.4. Interpretation of Relevant Statutory Provisions:The court examined the definitions and provisions under the CST Act and the Customs Act. It clarified that 'crossing the customs frontiers of India' means crossing the limits of the customs station area, which includes customs ports, airports, and land customs stations. The bonded warehouses where the sales occurred were not within the customs station area, and thus the goods had crossed the customs frontiers of India. The court also referred to Section 69, 85, and 88 of the Customs Act to support its conclusion that the import was complete once the goods were stored in the bonded warehouse.The court distinguished the case from Indian Tourist Development Corporation, where goods sold at duty-free shops within an international airport were deemed not to have crossed the customs frontiers of India. In the present case, the goods had crossed the customs frontiers and were stored in bonded warehouses within the state's territory, making them subject to state sales tax.Conclusion:The court dismissed the appeals, holding that the sales of goods stored in bonded warehouses and sold to foreign-going ships as 'ship stores' were subject to sales tax under the West Bengal Sales Tax Act, 1954, and the West Bengal Sales Tax Act, 1994. The sales did not qualify as 'sales in the course of import' or 'sales in the course of export' and were thus amenable to state sales tax. The court found no infirmity in the decisions of the authorities and the High Court, which upheld the imposition of sales tax on the transactions in question.