2025 (9) TMI 670 - HC - VAT / Sales Tax

Entry tax not leviable on resale price where purchase value on entry is ascertainable; transmission charges excluded from taxable value

M/s Gail India Ltd. Versus Commissioner of Commercial Taxes

HC held that entry tax cannot be levied on the resale price where the purchase value on entry into the State was ascertainable; transmission charges not ... Levy of entry tax at the market value in terms of Section 2 (e) of the Act of 2000 - sale value charged by an assessee who procures natural gas through its own pipeline - no transportation or transmission charges were paid on procurement up to entry into the State - HELD THAT:- The records shows that the revisionist transported natural gas through its own pipe line and no transmission charges were paid by it on procurement of natural gas. The natural gas come from Gujrat to Auraiya, UP from which the revisionist uses for its own as well as sell the natural gas to third party. While selling the natural gas to the third party, the revisionist charges its transmission charges etc. which according to the revisionist is an outward freight which is not liable to be included in the value of goods - Though the transportation charges can be included for levy of entry tax in accordance with law, if same was paid for transporting natural gas upto the State of UP but neither any amount was paid by the revisionist for bringing natural gas through its own pipe line nor any material has been brought on record by the revenue. Further, it is not the case of the revenue that while bringing the natural gas in the State of UP, the value of goods was not ascertainable. Once the value at which the gas was brought in State of UP is ascertainable, the levy of entry tax on the price at which the same was sold to its customers by the revisionist, cannot be sustained in the eyes of law. The sale value of natural gas could be taken as purchased value, if the purchased value was not ascertainable, while entry of goods in the State of UP, which is not the case is hand. The Tribunal being the last Court of fact and law ought to have decide the issue one for all instead of remanding the same. Therefore, the matter requires re-consideration by the Tribunal. The impugned order cannot be sustained in the eyes of law and same is hereby quashed. The matter is remanded to the Tribunal for deciding the case afresh in accordance with law without being influenced with any of the observations made - revision allowed by way of remand. ISSUES PRESENTED AND CONSIDERED 1. Whether entry tax can be levied on the sale value charged by an assessee who procures natural gas through its own pipeline when no transportation or transmission charges were paid on procurement up to entry into the State. 2. Whether transmission or outward freight charges levied by the assessee on onward sale are includible in the value of goods for the purpose of entry tax where the purchased value at entry into the State is otherwise ascertainable. 3. Whether the Tribunal, as the last court of fact and law, should have decided the substantive question of levy instead of remanding the matter to the assessing authority when the factual record showed the procurement through the assessee's own pipeline and absence of payment of transmission charges on importation. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Legal framework The levy of entry tax is governed by the statutory definition of value (including what may be included for valuation) and the specific provision that entry tax is leviable on goods brought into the State; where the imported value at the point of entry into the State is ascertainable, that value governs the tax liability. Precedent Treatment The Court references the settled principle that entry tax may include transportation charges only to the extent they were paid for transporting goods up to the State boundary; if no such charge was paid, inclusion is unjustified. (The Tribunal's remand suggests uncertainty below about application of these principles.) Interpretation and reasoning Factual findings show the natural gas was brought from outside the State through the assessee's own pipeline and no transportation/transmission charges were paid by the assessee on procurement. Where the value at which the goods were brought into the State is ascertainable, entry tax must be computed on that purchased/imported value rather than the higher subsequent sale price. Ratio vs. Obiter Ratio: Entry tax cannot be levied on the subsequent sale price when the purchase/import value at entry into the State is ascertainable and no transportation costs were incurred by the importer up to entry. Conclusions The levy of entry tax on the sale price charged by the assessee is unsustainable where the purchased value at entry into the State was ascertainable and no transportation charges were paid on procurement. Issue 2 - Legal framework Statutory valuation principles permit inclusion of freight or transmission charges in taxable value only when such charges constitute part of the cost incurred in bringing goods into the State; outward freight charged to a purchaser on resale is generally not part of the imported value for entry tax purposes. Precedent Treatment The Court relies on the established distinction between transportation charges incurred in bringing goods into the State (potentially includible) and outward freight charged on resale (not includible) where the former were not actually incurred. Interpretation and reasoning Records indicate the transmission charges recovered by the assessee from purchasers were charged on onward sales and correspond to outward freight. No evidence was produced showing payment of transmission or transportation charges on procurement that would justify inclusion in entry tax valuation. Given the absence of such payments, transmission charges on resale cannot be treated as part of the value for entry tax at the point of entry. Ratio vs. Obiter Ratio: Transmission charges levied by a seller on onward sales are not includible in the value for entry tax where no corresponding transportation cost was paid to bring the goods into the State and the imported value is otherwise ascertainable. Conclusions Transmission or outward freight charges recovered on subsequent sales cannot be included in the entry tax valuation when no transportation charges were paid on procurement and the entry value is ascertainable. Issue 3 - Legal framework The Tribunal functions as the last fact-finding and law-applying authority under the statutory appeal scheme; it is empowered to decide questions of fact and law where the record permits final determination instead of remanding for further enquiry absent necessity. Precedent Treatment The Court reiterates the principle that remand is inappropriate where the material on record enables the last court to decide the issue; remand should not be used to grant the department a second opportunity absent new evidence or need for fact-finding. Interpretation and reasoning On the admitted record, material facts were clear: procurement through the assessee's own pipeline, no payment of transmission charges on procurement, and ascertainability of the entry value. The Tribunal nonetheless remanded the matter to the assessing authority. The Court finds this remand unjustified because the Tribunal, as the last instance on facts and law, ought to have resolved the levy question instead of giving the department a further chance to reopen facts already ascertainable from the record. The Court, however, recognizes that reconsideration by the Tribunal is required in light of its prior decision and therefore orders remand with directions for prompt disposal. Ratio vs. Obiter Ratio: Where the factual record is sufficiently complete to decide the question of law and fact, the Tribunal should adjudicate the dispute rather than remand; an open remand that affords the revenue a second opportunity without justification is impermissible. Conclusions The Tribunal erred in remanding the matter instead of deciding it on the available record; notwithstanding that error, the Court quashes the impugned order and remands the matter to the Tribunal for fresh decision in accordance with law, directing expeditious disposal without unnecessary adjournments. Cross-reference The conclusions on Issues 1 and 2 inform the assessment of Issue 3: because the purchase/import value at entry was ascertainable and no transportation charges were paid, the legal basis for levying entry tax on the sale price (including transmission charges) was lacking, a point the Tribunal should have determined rather than remanding (see Issue 3).