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of <h1>Dealers Entitled to 'C' Forms for Concessional Diesel Purchases Across States, Upholding Trade Freedom.</h1> <h3>SMP Textiles Mills Pvt. Ltd. Versus The State of Tamil Nadu, The Principal Commissioner And Commissioner of Commercial Taxes, The State Tax Officer (ST)</h3> SMP Textiles Mills Pvt. Ltd. Versus The State of Tamil Nadu, The Principal Commissioner And Commissioner of Commercial Taxes, The State Tax Officer (ST) - ... Issues Involved:- Entitlement to 'C' Forms for purchasing High Speed Diesel from suppliers in other states to avail concessional tax benefits.- Applicability of court decisions in favor of dealers seeking concessional tax rates.- Challenge by the State regarding the entitlement to 'C' Forms and registration under the CST Act.- Validity of the Circular letter of the Commissioner restricting the use of 'C' Forms.Analysis:Issue 1: Entitlement to 'C' Forms for purchasing High Speed Diesel from suppliers in other statesThe petitioner, a dealer, sought 'C' Forms under the Central Sales Tax Act, 1956 for purchasing High Speed Diesel from suppliers in other states to avail concessional tax benefits. The court referred to previous decisions, including M/s. Ramco Cements Ltd., where it was held that dealers purchasing goods from neighboring states through inter-state sales are entitled to the concessional tax rate. The court emphasized that such benefits are applicable to all dealers seeking them, not limited to those party to specific decisions.Issue 2: Applicability of court decisions in favor of dealersThe court cited various judgments, including those by the Punjab and Haryana High Court and the Supreme Court, confirming the entitlement of dealers to 'C' Forms for purchasing goods from other states. It emphasized that these decisions are applicable to all dealers seeking benefits under the law. The court directed all assessing authorities in Tamil Nadu to apply the rationale of these decisions to all pending assessments until any contrary order is issued.Issue 3: Challenge by the State regarding 'C' Forms and registration under the CST ActThe State expressed intent to challenge the court's decision regarding the entitlement to 'C' Forms and registration under the CST Act through a Special Leave Petition. However, the court held that the order in the Writ Appeal was final, allowing the petitioner's request for inclusion of High Speed Diesel Oil as a commodity in the registration certificate, and issuance of 'C' Forms within a specified timeframe.Issue 4: Validity of the Circular letter restricting 'C' Forms useThe court quashed and set aside the Circular letter of the Commissioner dated 31.5.2018, which restricted the use of 'C' Forms for inter-State purchases of certain commodities. It directed the Revenue Authorities to permit online downloading of 'C' Forms for such transactions and dismissed the Writ Appeals filed by the State, emphasizing the freedom of trade and the right to purchase in inter-State commerce.In conclusion, the judgment upheld the entitlement of dealers to 'C' Forms for purchasing goods from other states at concessional tax rates, emphasizing the applicability of court decisions and rejecting challenges by the State. It also highlighted the importance of ensuring freedom of trade and fair treatment for all industries under the law.
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