~ a he ‘ + ; ” 4 me! A -) wield * ; me, te GCVIND SARAN GANGA SARAN —_. ** . i. vy, . COMMISSIONER OF SALES ° TAX AND ORS, ~ April 26,’ 1985 ‘ ath er an [R.S. PATHAK AND E.S.-VENKATARAMIAG, 1] |
_ Central ‘Sales Tax ‘Act, ss..14 and 15 read with Bengal Finance u(Sales =, - Tax) Act 1941, s.5 (2) (a) (ii) ~Scope of—~Goods declared to be of special: dmport- N ' ance in inter-State trade or commerce—Omission to specify : the + single point at . Which the tax may be leviéd + Effect of. ' at a } The appellant, a registered dealer ‘under the Bengal. Finance (Sales ‘Tax) Act 1941 as applied. to the Union Territory of Delhi (for short,-the StaterAct) ri used to purchase Cotton‘ yarntand sell it to registered dealers, unregistered 4 dealers and consumers. He submitted his return of turnover under the State Act for the assessment year 1968-69 and claimed exemption in respect.of the ~turnover of sales of cotton thread on the ground that it was an exempted item under 1, Entry 21 of the Second Schedule, The Sales Tax: Officer held ‘that.the sales were
) “liable to tax as the same were effected in respect of cotton yarn}/The ‘appellant _ ultimately .went in revision to the Financial -Commissioner who proceeding on
_ the basis that the sales were in respect of cotton yarn, which was a declared
4: item under 8,34 of the Central Sales Tax Act allowed the-revision petition hold-
_ ing that they could not bz subjected to sales tax because. one of thes conditions
~ . yp prescribed. by 8.15 of that Act-had not been complied with, that is to:say, the ,law.had omitted to prescribe the singlé point at which the levy could-alone be imposed. Aggrieved by the order of the Financial Commissioner, the Revenue vt filed a writ petition in the High Court which, relying on the construction placed a by it on sub-clause (ii) of cl.(a) of s.5 in Fitwell Engineers vy. Financial-Commisstoner Delhi Admn. (1975) 35 S.T.C, 66, allowed the petition holding that the single point in a series of sales is the sale made by the Jast registered dealer samong successive dealers when he'sold the goods to an unauthorised dealer or
- @ consumet.. Hence this Appeal. ‘ a Allowing the Appeal,
.%. ‘HELD: 1. The components which enter: into the concept of a tax are
’« wéll known. The first is the character of the imposition known by its nature which prescribes the taxable event attracting the levy, the second is a clear ‘indi-
“+ gation of the person on whom the levy is imposed and who is obliged to pay the
- ' “tax, the third is the rate at which the tax is imposed, and the fourth is the mea- a sure or value to which the rate will be applied for computing the tax liability. If -
“a,
é
“C
-E
986 SUPREME COURT REPORTS i [1985] 3 s.c.r.
these components are not clearly and definitely ascertainable it*is difficult to say that the levy exists in point of law. Any uncertainty or vagueness in the legise lative scheme defining any of those components of the levy will be fatal to its validity. {900D-EJ] «4;
, Where the turnover of goods declared to be of special importance in titenSeate trade or {commerce under s. !4of the Central Sales Tax Act is subjected to sales tax law of a State, section 15 prescribes the maximum fate at which such tax may be imposed and requires that such tax shall not be levied at’ more than one point. The two conditions» have been imposed in order to ensure that inter-State trade or commerce in such goods is not hampered by heavy taxation within the State occasioned by an excessive rate of tax or by rnultpoint taxation. Section 15 enacts restrictions and conditions which are essential to the validity of an impost by the State on such goods. If either of the two
‘s.dnditions are not satisfied, the impost will be invaid. Now in order that tax
- should ‘not be levied at more than one stage it is imperative that the sales tax law of the State should specify either expressly or by necessary implication the single point at which the tax may be levied. Alternatively, it may be empower a statutory authority to prescribe such single point, for the purpose, Where such
- point is not prescribed, either by the statute or by the statutory delegate, no
~compliance is possible with s. 15. The single point at which the tax may be imposed must be a definite ascertainable point so that both the dealer and the
* gales tax authorities may know clearly the point at which the tax is $ to be levied, [989G-H; 900A-C] 2° 3. On the construction which found favour with this Court in Polestar Electronic (P) Ltd. y. Addl. Commissioner, Sales Tax & Anr., (1978) 41 §. T. C. 409 it is apparent that no support can be found for the proposition that sub-cl, (ii) of ¢1. (a) of sub-s, (2) of s.5 of the State Act implies that the single point of taxation is fixed by the State Act at the resale by a registered dealer to an un-
‘registered dealer or to a consumer. As that is the reasoning on which the High Court has proceeded in the judgment under appeal, it must be held that the
-_ basis underlying the decision of the High Court cannot be accepted, [992F-G]
Fitwell Engineers y. Financial Commissioner, Dethi Administration, . Dethi, and another, (1975) 35 8. T. C, 66 over-ruled.
rote : *
4. It is well settled that when the language of the statute is clear, and admits of no ambiguity, recourse to the Statement of Objects and Reasons for the purpose of construing a statutory provision is not permissible. Section 5A of the State Act clearly empowers the Chief Commissioner to specify the single point’ in ‘a series of sales at which single point taxation may be levied, The widest amplitude of power has been conferred on the Chief;Commissioner in the matter of selecting the point for taxation in @ series of sales and, if that is so, clearly no single point can be spetied out, even by implication,. from the provision of sub-cl. (ii) of cl. (a) of sub-s. (2) of s.5, For.to do so would mean. either accepting an inconsistency between the two provisions or narrowing down correspondingly the scope of s. 5 A. No such notification has been placed before
* .GOVIND SARAN GANGA SARAN'D..C:8.1. (Pathak, J.) 987 the Court which could relate to the assessment year under consideration. There-' fore a.vital prerequisite of s. 15 of the Central Sales Tax Act, ‘namely, that the tax shall not be levied at more than one stage, has not been satisfied in respect of the turnover ‘of cotton yarn, and accordingly the assessment complained of is liable to be quashed.- (3388) Polestar Electronic (P) Lid. y. Additional Commissioner, Sales Tax and , Another, (1978) 41 S. T. C, 409, followed. . . ya
Bhawani Cotton Mills” ud. v. The State of Punjab and Another, (1967) 20.
*
S. T. C, 290 & Rattan Lal and Co. v. The Assessing Authority and. Another (1970)" ; 25 8-7 T. C. 136, referred to. ; é oS CIVIL APPELLATE JURISDICTION : ‘Civil Appeal No, 2083; bf 1974, :
a 2?
From the judgment and order dated ‘10. 0.9. ‘1974 of the Delhi, High Court in Civil W. P..No. 460/1973.
es M. Singhavi, A Mrs.. “Anjali Verma, R. C. Chawla, N.K. Bhuraria and L. K. Pandey for the appellant. - oh
S. Cc. Manchanda and. RN. Poddar for the Respondents,
The judgment of the Court was delivered by
PATHAK, J: - This ‘appeal by special leave is ‘directed against the judgment and order of the High Court of Delhi dismissing the — _appellant’s writ petition questioning the Hability imposed in him on “a sales taxassessment.
The ‘appellant carries on business as a dealer in the re-sale of cotton yarn. As a dealer he has been registered under the Bengal Finance (Sales Tax) ‘Act, 1941 as applied :to the Union Territory ‘of " Delhi (hereinafter referred to as the ‘State Act’). The appellant says that he purchases cotton yarn and sells it to registered dealers, unregistered dealers dnd consumers. For the assessment year 1968-69 the appellant submitted his retarn of turnovet under the state Act and claimed exemption in respect of the turnover of sales of cotton thread on the ground that it was an exempted item under Entry No. 21 of the Second Schedule. The Sales Tax Officer, by his order dated October 29,1970, held that the sales were effected in respect of:
988 ¢° SUPREME COURT REPORTS it a wae [198513 s. Che vy
A ~ cotton yarn-and, therefore, they. W were liabiew to. tax at one per cents. On appeal the Assistadt Cominissioner ‘of Salés Tax took a contfary view:and on his finding that the transactioris ‘were in respéct! of | hat cotton thread he allowed the “appeal and « “struck the. assessment’. -. down. Acting suo motu in the exercise of his - .tevisional jurisdiction,
_ the Deputy Commissioner of Sales Tax made é an order under Sub-s.
(3) of s: 20'‘of the State Act’ reversing. ‘the order. of the Assistant . Commissioner and restoring that of the Sales Tax Officer on the © ground that what was sold was cotton yarn. The appellant now applied’ in Yevision to the Financial ‘Commissicier, elhi Administra-; tion, and the Financial Commissioner, proceeding onthe basis that. the sales were in respect of cotton yarn, which was a declared item ae under s. 14 of the Central Sales. Tax Act, held that- they could: not . be subjected to sales tax because dite ofthe conditions prescribedyby- ane s. 15 of that Act had not been complied with, that is to say, the law had omitted to prescribe the single, point at -which the levy could aloné'be-imposed. Accordingly, the Fifancial: Commissioner allowed . 5, the revision petition and quashed * ‘ihe’ assessivent. The : Commis-* —
‘f sioner of Sales Tax thereupon filed Civil Writ Petition No. 460 of 1973 iti the High Court! of Delhi praying ‘for: ‘the quashing of the order of the Financial Commissioner. The writ petition was allowed by the High Court by its judgment and order dated September 10, 1974. Against that judgment and’ order, the appellatit has filed the
E present appeal.
\~ “N
~]
v > s §. 14 of the Central Sales Tax Act enumerates the commodities'declared to be'goads‘ of special iniportance in’ inter-Staté ‘trdde or comimerce.t:Among the goods so declared is‘cotton’ yarn. 8. 15 of .the Gentral'Sales*Tax ‘Act; 1956 provides :-
F . “15, Every sales tax law of a State shall, in so far as it y imposes or authorises the imposition of a:tax.on the.sale ora} . Purchase of declared goods,: be subject to the: following rest ix fe. . ‘trictions and conditions, namely : mo Tee oe . G (a) the tax payable under. that law in respect of. any sale «Hi.
or purchase of such goods inside,the State shall not exceed: >: three per cent of the sale. OF; : purchase price thereof, andi s.scs , such tax shall not be levied at more than one stage.” he ornito Do The tax is payable by a- dealer. under the State Act on. taxable te H turnover, and sub-s. (2),of s. 5 provides : «:: Powe Ad
+
?
“GOVIND SARAN GANGAL SARAN ¥. G.s.T. (Pathak, J.) 3 989
**(2) In this Act, the expression ‘taxable turnover” means that part of a dealer’s gross turnover during any period, which remains after deducting thereform—
(a) ‘his turnover during that period on— (i) the sale of goods declared tax free under section 6;
(ii) sale to a registered dealer—of goods of the class or. classes specified in the certificate of registration of such dealer, as being intended for re-sale by him, or for use by him as raw-materials in the manufacture of . goods for sale; and of containers or other materials for the packing of goods of the class or classes so. specified for sale :
Provided that in the case of such sales, a declaration: © duly filled up and signed by the registered dealer.to .— whom the goods are sold and containing the prescribed particulars on a prescribed form obtainable from. . ‘the prescribed authority is furnished in the . prescribed . manner by the dealer who sells the good; .
Provided further that where any goods specified in the - ~ certificate of registration are purchased. by'a registered ' dealer as being intended for re-sale by him or for -use: by him as raw-materials in the' manufacture of goods: for sale, but are utilised by him for any other purpose, the price of the goods so purchased shall be allowed +
_ to be deducted from the gross turnover of the selling . dealer but shall be included in the taxable turnover of . the ‘purchasing dealer.”
- In the instant case, we are concerned with the taxation of.
goods which under s. 14 of the Central Sales Tax Act have been declared to be of special importance in inter-State trade or -com-: merce. Where the turnover of such goods is subjected to tax under: the sales tax law ofa State, s. 15 prescribes the maximum rate at: - which such tax may be imposed and requires that such tax shall not be le levied at more than one point. The two conditions ‘have been. imposed i in order to ensure that inter-State trade or commerce in:
such goods is not hampered by ‘heavy taxation within the State occasioned by an excessive rate of tax-or bymulti point taxation. S. °
990 | SUPREME COURT RERORTS [1985] 3 s.c.r.
/ 15 enacts restrictions and conditions which are essential to the vali-
’ conditions are not satisfied, the impost will be invalid. Now in:
dity of an impost by the State on such goods. If either of the two order that tax should not be levied at more than ond stage it is imperative that the sales tax law of the State should specify either expressly | or be necessary implication the single poin at which the tax may be levied. Alternatively, it may empower a statutory authority to prescribe such single point for the purpose. Where such point is not prescribed, either by the statute or by the statutory delegate, no compliance is possible with s. [5. The single point at which the tax mdy be imposed must bea definite ascertainable
. point so that both the dealer afid the sales tax authorities may ‘know clearly the point at which the tax is to bs levied.
The components which ‘enter into the concept of a tax are well known. The first is the character of the imposition known by
- its nature which prescribes the taxable event attracting .the levy, the
- second is a clear indication of the person on whom the levy is imposed and who is obliged to pay the tax, the third is the rate. at which the tax is imposed, and the fourth is the measure or value to which the rate will be applied for computing the tax liability. If those components are not clearly and definitely ascertainable, it is difficult to say that the levy exists in point of law. Any uncertainty or vagueness in the legislative scheme defining any of those components of the levy will be fatal to its validity.
The charging provision, s. 4, of the State Act enacts that ~ every dealer whose gross turnover during the year. exceeds the tax-
- able quantum shall be liable to pay tax. The ordinary rule under the State Act appears to be that the scale made by every . dealer in a series of sales by successive dealers is liable to tax. That is multipoint taxation. In a scheme of single-point taxation, the levy is confined to a single point in a series of sales by’ successive dealers. According to the Revenue, the present levy falls in the latter cate- gory, and sub-cl. (ii) of cl. (a) of sub-s. (2) of s.5 implies the single’ point at which the turnover of goods may be taxed. That argument from favour with the High Court, and it held the single point ina series of sales to be the sale made by the last registered dealer among successive dealers when he sold the goods to an unregistered’
dealer or a consumer. In this connection, the High Court relied on the construction placed by it on sub-cl. (ii) of cl. (a) of sub-s. (2) of ° a aa
~
~ e
. GOVIND SARAN GANGA SARAN ¥. €..1. (Pathak, J.) » 994 s.5 in Fitwell Engineers vy. Financial Commissioner, Delhi Adminis--— ~ tration, Delhi, and Another’ @) In that case, the. High Court had held that it was for the purpose of taxing the goods at least at’ one. _ point that sub-cl. (ii) of cl. (a) of sub-s. (2) of s.S ofthe State Act had been enavted, that there would be a taxable sale when the registered dealer sold the goods to. an unregistered dealer or to a consu-mer, and that in order that such resale by the registered dealer
_ should attract tax the resale to an unregistered dealer or to a consu-
‘mer had to be effected in Delhi, because. if the resale was effected
- outside the Union Territory of Delhi the. Union Territory of Delhi would have no legislative competence to tax the resale. Now the question whether the expression “resale” in sub-cl. (ii) of cl. (a) of 7
™ sub-s. (2) of s.5 of the State Act was-confined toa resale in the
- pe
—, ae |
Union Territory of Delhi by the last registered dealer was subsequ-
‘ently considered by this Court in Polestar Electronic (P) Ltd. v.
Additional Commissioner, Sales-Tax ‘And Another.) Overruling the decision of the High Court in Fitwell Engineers (supra) this Court.
_held that the expression “‘resale’’ was not confined toa resale in the ; Union Territory of Delhi and could include a resale - outside it. |
That was the position upto May 28, 1972 when sub-cl. (ii) of cl. (a)
: of sub-s. (2) of s.5 was amended by the Finance Act, 1972. This:
Court observed that the position before the amendment in 1972. was not affected by the possibility that on the construction preferred
_. by the Court the Union Territory of Delhi would be unable to re- cover any tax. The Court. said:
: Ie j is true that if the purchasing dealer resells the
_- goods outside : Delhi, the Union Territory of Delhi would | not be able to recover any tax since the sale to the ‘purchas-. : ing dealer would be exempt from tax under section 5 (2) (a) (ii) and the resale by the purchasing dealer would also be ‘free from tax by reason of section 27. But that is not ‘such a consequence as would compel us to read the word - |
“resale” as limited to resale inside Delhi. The argument ~ of the revenue was that the legislature could never have © ° intended that the Union Territory of Delhi should be al- .. ‘together’ deprived of tax in cases of this kind, The legislative — intent could only be to exempt the. sale to the purchasing
*
(1) [1975] 358. T.C. 66. ee
(2) [1978] 418, T.C. 409,
992 - SUPREMB COURT REPORTS — [1985] 3 s.r.
dealer in those cases where the Union Territory of Delhi would be able fo recover tax on resale of the goods by the purchasing dealer. The goods must be taxed at least at one point and it could not have been intended that they
. Should not be taxable at all at any point by the Union Territory of Delhi. The revenue urged that it was for the purpose of taxing the goods at least at one point that the second proviso was enacted by the legislature. We do not think this contention based on the presumed intention of the legislature is well-founded.’’
And again,
“The intention of the legislature was clearly not that the Union Territory of Delhi should be entitled to tax the — goods at least at one point so that if the sale to the purchasing dealer is exempt, the resale by the purchasing dealer should be taxable. We do not find evidence of such legislative intent in any provision of the Act.’’ (Emphasis supplied)
' Further on, in the same passage, the Court reiterated :
“Tt will, therefore, be seen that it is not possible to discover any legislative intent to tax the goods at least'at one point and to exempt the sale to the ‘purchasing dealar only if the resale by the purchasing dealer is liable to tax.”
On the construction which found favour with this Court in
Polestar Electronic (P) Ltd, (supra) it is apparent that no support can .
be found for the. proposition that sub-cl. (ii) of cl. (a) of sub-s; (2). of s.5 of the State Act implies that the single point of taxation is fixed by the State Act at the resale by a registered dealer to an unrégistered dealer or to a consumer. As that is the reasoning on which the High Court has proceeded in the judgment under appeal, we must hold that the basis underlying the decision of the High Court cannot be accepted..
It miay be noted that the State Act as applied to the Union Territory of Delhi was amended by Parliament in 1959, ands. 5A,° was inserted. S. 5A provides :
“Notwithstanding anything to the contrary in this Act, the Chief Commissioner may, by notification in the Official
,, GOVIND'SARAN GANGA SARAN-¥.€.8.T- (Pathak; J.) 993 4
1 Gazette, specify the point in the series of sales by successive.dealers at which any! goods or class of goods may be
* taxed.”
That Provision clearly empowers the Chief Commissioner to specify the single poiat in a series of sales at which single point taxation may be levied. The widest amplitude of power has been con- ferred on the Chief Commissioner in the matter of selecting the point for taxation in a series of sales and, if that is 80, clearly no single point can be spelled out, even by implication, from the provision of sub-cl. (ii) of cl. (a) of sub-s. (2) of s. 5. For to do so would mean either accepting an inconsistency between ‘the two provisions or narrowing down correspondingly the scope of s. 5A. We have al-, ready pointed out that the provision for single point taxation cannot, in the view of this Court expressed in Polestar Electronic (P) Ltd. (supra), be discovered in sub-cl. (ii) of cl. (a) of sub-s. (2) of s.5 of the State Act. To our mind, provision has been made in that behalf in the statute by the insertion of s.5A. The High Court bas referred — to the Statement of Objects and Reasons attached to the Bengal Finance (Sales Tax) (Delhi Amendment) Act 1959 in support of its conclusion that s.5A was inserted only to provide for the levy of tax — at any point other than the point of last sale so that sales-tax may be levied at the first point on certain items which were manufactured in factories. It is well settled that when the language of the statute is clear and admits to no ambiguity, recourse to the Statement of Objects and Reasons for the purpose of construing a statuory provision is not permissible. We are of opinion that there is ample power under s.5A of the State Act enabling the Chief Commissioner to specify the single point at which tax may be levied in a series of sales. This can, however, be done by him only by a notification in the Official Gazette. No such notification has been placed before us which could rélate to the assessment year under consideration. We hold therefore that a vital prerequisite of section’ 15 of the Central
' Sales Tax Act, namely, that the tax shall not be levied at more than one stage, has not been satisfied in respect of the turnover of cotton © yarn, and accordingly the assessment complained of is liable to be quashed.
While concluding, we may point out that a somewhat similar question arose before this Court in Bhawani Cotton Mills Ltd. y. The
Le eS :
994 - SUPREME COURT REPORTS. I 1985] 3 s.c.k
State of Punjab and Another, 2)the question being whether the second proviso to s. (i) of s.5.and sub-cl- (vi) of cl. (a) of sub-s. (2) of s. 5 of the Punjab General Sales Tax Act 1948 implied the single point at which goods were taxable. The conteation was negatived by this Court. That is how that decision was understood by this Court subsequently in Rattan Lal and Co.. And Another v. The Assessing Authority And Another.)
Accordingly, we hold that the assessment of the turnover of cotton yarn for the assessment ytra 1968-1969 under the Bengal Finance (Sales Tax) Act, 1941 as applied to the Union Territory of Delhi cannot be sustained.
In the result, the appeal is allowed, the judgment and order of the High Court of Delhi are set aside and the assessment of the turnover of cotton yarn is quashed. The appellant is entitled to its costs. .
M.L. A. : _ Appeal allowed.
(1). [1967] 20 $.T.C. 290. (2). [1970] 25 8, T.C. 136.