1986 JTR(SC) 434
1987 AIR(SC) 7 ; 1987 1 CurCC(SC) 181 ; 1986 JT 793 ; 1986 1 JT 793 ; 1986 2 Scale 741 ; 1986 Supp SCC 695 ; 1987 SCC(Tax) 112 ; 1987 64 STC 349 ; 1987 TaxLR 2057 ; 1987 1 UJ 245 ; 1986 KHC 585
O. CHINNAPPA REDDY AND G.L. OZA, JJ.
Writ Petns. Nos. 4320-21 of 1978, D/-11-11-1986.
M/s. Industrial Cables (I) Ltd. and another, Petitioners
Versus
The Assessing Authority and others, Respondents.
Act
Referred
:CENTRAL SALES TAX ACT : S.8(2)(a)
PUNJAB GENERAL SALES TAX ACT : S.5(2)(a)(iv)
(A) The Central Sales Tax Act, Section 8(2-A), and the Punjab General Sales Tax Act, Section 5(2)(a)(iv), operate to deny exemption where a state law provides tax relief only for sales to a public utility under license for use in generation or distribution of energy. The central provision mandates that exemption under state law must be general and not confined to specified circumstances or stages, and the Punjab provision carves out a limited category of sales to electricity undertakings, which does not qualify as a general exemption.
(B) Key legal principles include: (i) the requirement that a state sales tax exemption must be general and unconditional to attract the central provision; (ii) the explanatory clause in Section 8(2-A) limiting exemption to truly general tax laws; (iii) the non-availability of relief where the exemption is conditional or restricted to particular sectors or stages; and (iv) the precedence of the earlier authority in Indian Aluminium Cables Ltd. v. State of Haryana.
Facts of the case:
The petitioners manufacture and sell power cables and aluminium conductors. Their sales fall within the scope of Section 5(2)(a)(iv) of the Punjab General Sales Tax Act, which exempts sales to any undertaking supplying electrical energy to the public under a licence for use in generation or distribution of electrical energy. The petitioners sought exemption under Section 8(2-A) of the Central Sales Tax Act.
Findings of Court:
The Court held that the exemption under the Punjab Act is not a general exemption from tax, as it applies only to sales meeting specific conditionsnamely, sales to a licensed public utility for use in generation or distribution. Consequently, the central provision does not apply, and the petitioners are not entitled to claim exemption under Section 8(2-A).
Issues:
Whether sales covered by Section 5(2)(a)(iv) of the Punjab General Sales Tax Act qualify for exemption under Section 8(2-A) of the Central Sales Tax Act.
Ratio Decidendi:
An exemption under state law must be general and not restricted to specified conditions or stages to attract Section 8(2-A); the limited exemption for sales to licensed electricity undertakings does not meet this threshold, and the earlier decision in Indian Aluminium Cables Ltd. v. State of Haryana is directly applicable.
Result:
The writ petitions are dismissed.
(A) The Central Sales Tax Act, Section 8(2-A), and the Punjab General Sales Tax Act, Section 5(2)(a)(iv), operate to deny exemption where a state law provides tax relief only for sales to a public utility under license for use in generation or distribution of energy. The central provision mandates that exemption under state law must be general and not confined to specified circumstances or stages, and the Punjab provision carves out a limited category of sales to electricity undertakings, which does not qualify as a general exemption.
(B) Key legal principles include: (i) the requirement that a state sales tax exemption must be general and unconditional to attract the central provision; (ii) the explanatory clause in Section 8(2-A) limiting exemption to truly general tax laws; (iii) the non-availability of relief where the exemption is conditional or restricted to particular sectors or stages; and (iv) the precedence of the earlier authority in Indian Aluminium Cables Ltd. v. State of Haryana.
Facts of the case:
The petitioners manufacture and sell power cables and aluminium conductors. Their sales fall within the scope of Section 5(2)(a)(iv) of the Punjab General Sales Tax Act, which exempts sales to any undertaking supplying electrical energy to the public under a licence for use in generation or distribution of electrical energy. The petitioners sought exemption under Section 8(2-A) of the Central Sales Tax Act.
Findings of Court:
The Court held that the exemption under the Punjab Act is not a general exemption from tax, as it applies only to sales meeting specific conditionsnamely, sales to a licensed public utility for use in generation or distribution. Consequently, the central provision does not apply, and the petitioners are not entitled to claim exemption under Section 8(2-A).
Issues:
Whether sales covered by Section 5(2)(a)(iv) of the Punjab General Sales Tax Act qualify for exemption under Section 8(2-A) of the Central Sales Tax Act.
Ratio Decidendi:
An exemption under state law must be general and not restricted to specified conditions or stages to attract Section 8(2-A); the limited exemption for sales to licensed electricity undertakings does not meet this threshold, and the earlier decision in Indian Aluminium Cables Ltd. v. State of Haryana is directly applicable.
Result:
The writ petitions are dismissed.
H.K.PURI, HARISH N.SLAVE, MAHESH AGRAWAL, P.K.RAM KUMAR, R.S.SODHI
Judgment
CHINNAPPA REDDY, J.:- These two writ petitions are by the same petitioners and raise the same question. The question is whether they are entitled to claim exemption from the levy of Sales tax under S. 8(2-A) of the General Sales Tax Act as it stood in 1978. This provision was, at that time, as follows :
"(2-A) Notwithstanding anything contained in sub-sec. (1-A) of S. 6 or in sub-sec. (1) or sub-section (2) of this section, if under the sales tax law of the appropriate State the sale or purchase, as the case may be, of any goods by a dealer is exempt from tax generally or is subject to tax generally at a rate which is lower than three per cent (whether called a tax or fee or by any other name), the tax payable under this Act on his turnover in so far as the turnover or any part thereof relates to the sale of such goods shall be nil, or as the case may be, shall be calculated at the lower rate.
Explanation :
For the purposes of this sub-section a sale or purchase of goods shall not be exempt from tax generally under the sales tax law of the appropriate State if under that law it is exempt only in specified circumstances or under specified conditions or in relation to which the tax is levied at specified stages or otherwise than with reference to the turnover of the goods."
Section 5(2) of the Punjab General Sales Tax Act to the extent relevant was as follows :
"Section 5. Rate of Tax
(1) ...........................
(2) In this Act the expression "Taxable turnover" means that part of a dealers gross turnover during any period which remains after deducting therefrom :-
(a) his turnover during the period on :-
(i) to (iii) ......................
(iv) sales to any undertaking supplying electrical energy to the public under a licence or sanction granted or deemed to have been granted under the Indian Electricity Act, 1910, of goods for use by it in the generation or distribution of such energy;
(v) to (ix) ........................."
The petitioners manufacture and sell power cables and aluminium conductors. The sales fall within the language of S. 5(2)(a)(iv) of the Punjab Sales Tax Act and the question is whether, thereby, they attract S. 8(2-A) of Central Sales Tax Act and are exempt from the levy of sales tax under the Central Sales Tax Act. The question turns on whether the present sales are sales of any goods by a dealer exempt from tax generally under the sales tax law of the appropriate State. The explanation to S. 8(2-A) of the Central Sales Tax Act expressly provides that a sale of goods shall not be exempt from tax generally of the appropriate State, if under that law it is exempt only in specified circumstances or under specified conditions, etc. The exemption granted by the State law in the present case is to "sales to any undertaking supplying electrical energy to the public .......... of goods for use by it for generation or distribution of such energy". The exemption, it is seen, is only to sales of goods which satisfy two conditions, first, the sales should be to an undertaking supplying electrical energy to the public under a license and second the sale should be for use by the undertaking in the generation or distribution of electrical energy. By no stretch of imagination can it be said that there was any exemption from tax generally. This may be so said even without recourse to the explanation. The explanation only puts the matter beyond all controversy. The identical question came up for consideration in Indian Aluminium Cables Limited v. State of Haryana, 38 STC 108 : (AIR 1976 SC 1711) and the question was decided against the assessee therein. The learned counsel for the appellants made a brave attempt to distinguish that case on the ground that S. 8(2-A) of the Central Act which was considered in that case was the amended provision and that case could not, therefore, be relied upon. That, in the parlance of lawyers, is a distinction without difference, since we find no pertinent difference between S. 8(2-A) amended and unamended in so far as it relates to the present controversy. The learned counsel however invited our attention to the decision of the Allahabad High Court in Hindustan Safety Glass Works(P) Ltd. v. State of Uttar Pradesh, (1974) 34 STC 209 and submitted that this decision supported him and that it was not disapproved by this Court in Indian Aluminium Cables Pvt. Ltd. v. State of Haryana (supra). All that we can say is that this Court in Indian. Aluminium Cables (P) Ltd. v. State of Haryana (supra) expressed no opinion on the correctness or otherwise of the Safety Glass Works case. The decision of this Court in Indian Aluminium Cables Ltd. v. State of Haryana (supra) is directly on point and we see no reason to depart from the view taken there. The petitions are dismissed.
Petitions dismissed.