1958 (4) TMI 42 - SC - VAT and Sales Tax

Supreme Court rules on Madras Sales Tax Act: Materials tax struck down, food grain supply exempt.

The State of Madras Versus Gannon Dunkerley & Co. (Madras) Ltd.  

The Supreme Court dismissed the appeal, ruling that the Madras General Sales Tax (Amendment) Act, 1947, was ultra vires in imposing a tax on materials ... Whether the provisions of the Madras General Sales Tax Act are ultra vires, in so far as they seek to impose a tax on the supply of materials in execution of works contract treating it as a sale of goods by the contractor? Held that:- A law therefore prohibiting any dealing in intoxicating liquor, whether by way of sale or barter or gift, will be intra vires the powers conferred by the opening words without resort to the words 'sale and purchase'. Entry 49 in List II is 'Cesses on the entry of goods into a local area for consumption, use or sale therein'. It is argued that the word 'sale' here cannot be limited to transfers for money or for even consideration. The answer to this is that the words 'for consumption, use or sale therein' are a composite expression meaning octroi duties, and have a precise legal connotation, and the use of the words 'sale therein' can throw no light on the meaning of that word in Entry 48. We are of opinion that the provisions in the Government of India Act, 1935, relied on for the appellant are too inconclusive to support the inference that 'sale' in Entry 48 was intended to be used in a sense different from that in the Sale of Goods Act. 'Sale' in Entry 48 must be con- strued as having the same meaning which it has in the Sale of Goods Act, 1930. In a building contract, the agreement between the parties is that the contractor should construct a building according to the specifications contained in the agreement, and in consideration therefor receive payment as provided therein, and as will presently be shown there is in such an agreement neither a contract to sell the materials used in the construction, nor does property pass therein as movables. It is therefore impossible to maintain that there is implicit in a building contract a sale of materials as understood in law. Appeal dismissed. Issues Involved:1. Validity of Tax on Materials Used in Works Contracts2. Taxation on Supply of Food Grains to Workmen3. Interpretation of 'Sale of Goods' in Entry 48 of List II, Schedule VII, Government of India Act, 1935Detailed Analysis:1. Validity of Tax on Materials Used in Works Contracts:The primary issue was whether the Madras General Sales Tax Act, as amended in 1947, could impose a tax on the value of materials used in the execution of works contracts. The respondents argued that the Madras Legislature lacked the power to impose such a tax under Entry 48 in List II of Schedule VII of the Government of India Act, 1935, as there was no sale transaction regarding those materials.The Court examined the definition of 'sale' under the Madras General Sales Tax Act and compared it to the legal understanding of 'sale' in the Indian Sale of Goods Act, 1930. The Court held that the term 'sale of goods' in Entry 48 must be interpreted in its legal sense, which includes an agreement to sell, a price, and the transfer of property in goods. The Court concluded that in a building contract, which is entire and indivisible, there is no sale of goods as defined under the Sale of Goods Act. Therefore, the Madras Legislature did not have the authority to impose a tax on the value of materials used in such contracts, and the provisions of the Madras General Sales Tax (Amendment) Act, 1947, were deemed ultra vires.2. Taxation on Supply of Food Grains to Workmen:The respondents contended that they were not engaged in the business of selling food grains, which were supplied to workmen in remote construction sites and adjusted against their wages. The Sales Tax Appellate Tribunal included the value of these food grains in the taxable turnover, but the High Court of Madras ruled in favor of the respondents, stating that the supply of food grains was not a business transaction and lacked a profit motive.Before the Supreme Court, the Advocate-General of Madras did not press the appeal concerning the sum of Rs. 1,98,929-0-3, effectively conceding that the supply of food grains to workmen was not taxable under the Act.3. Interpretation of 'Sale of Goods' in Entry 48 of List II, Schedule VII, Government of India Act, 1935:The core issue was the interpretation of 'sale of goods' in Entry 48. The Court noted that the term 'sale of goods' has a well-defined legal meaning, which includes an agreement to sell, a price, and the transfer of property in goods. The Court rejected the argument that the term should be interpreted broadly to include transactions not traditionally considered sales under the Sale of Goods Act.The Court reviewed various authorities and precedents, including decisions from other jurisdictions like Australia and America, which had similar issues. The Court concluded that the expression 'sale of goods' in Entry 48 must be interpreted in its legal sense, as understood in the Sale of Goods Act, 1930. Therefore, the Madras General Sales Tax Act's provisions imposing a tax on the value of materials used in works contracts were ultra vires the powers of the Provincial Legislature.Conclusion:The Supreme Court dismissed the appeal, holding that the Madras General Sales Tax (Amendment) Act, 1947, was ultra vires in imposing a tax on the value of materials used in works contracts. The supply of food grains to workmen was also not taxable under the Act. The Court emphasized that the term 'sale of goods' in Entry 48 must be interpreted in its legal sense, consistent with the Sale of Goods Act, 1930.