Point of Law: Levy of tax - Industrial Policy - Concession and incentives - State can levy tax both at sale point and/or at purchase point. That distinction being clear, question of assuming that purchase tax was also part of the industrial policy under consideration cannot be countenanced.

JUDGMENT

1. Heard counsel for the parties.

2. The opening ground urged by the appellant is that the High Court ought not to have entertained the appeals on merits without condoning the delay in filing of appeals. This argument though attractive at the first blush, does not take the matter any further as we find the delay was only of 71 and 283 days respectively and sufficient explanation has been offered by the respondent(s) which could be condoned in the interest of justice and we order accordingly.

3. The core issue raised in these appeals, in our opinion, is no more res integra. It has been answered in the decision of this Court in "Malnad Areca Processing and Marketing Limited vs. Deputy Commissioner of Commercial Taxes (Assessment) and Others", reported in (2008) 11 SCC 536 .

4. This very Industrial Policy, 1996 was considered by the Court. The Court opined that the same provides for exemption only in respect of sales tax and not for purchase tax as such. The relevant discussion in this behalf can be discerned from paragraph Nos.15 to 19 of the said decision, which read thus:

"15. In the government order what is provided to new industrial units is the sales tax exemption or deferral of sales tax under the Act and the Central Sales Tax Act, 1956 (in short "the CST Act").

16. Clause 5 of the Government Order dated 15-3-1996 of the Industrial Policy, 1996-2001 provides for sales tax concession and incentives. The said clause provides for an option to industrial investments in the tiny/SSI/medium and large-scale sectors to claim either sales tax exemption or sales tax deferral.

17. A sale and a purchase are two different aspects of the same transaction. Whether sale or purchase, it will have same ingredients, both in common law and also under the Sale of Goods Act. As stated by this Curt in Devi Das Gopal Krishnan vs. State of Punjab, AIR 1967 SC 1895 = (1967) 3 SCR 557 the transaction, which the sales tax laws are concerned with, is a transfer of property in goods for price, inter vivos, both in the case of sale as well as purchase.

18. In the government order, what is provided to the new industrial units, is an option to claim sales tax exemption or deferment of sales tax both under the Act and the CST Act. In the field of taxation, it is recognized that the power to classify the objects or persons to be taxed or exempted from levy is with the legislature. It also enjoys the power to select persons or transactions. A law of the State, could therefore, levy tax both at the sale point and at the purchase point.

19. Under the government order, the policy of the Government as spelt out is, that tiny and small-scale industries and medium-and large-scale industries may exercise their option either for sales tax exemption or sales tax deferment for number of years prescribed in the government order itself. In the context in which these expressions are used, they only mean "sales tax holiday" or exemption from payment of sales tax for number of years specified, depending on where the tiny or small-scale industry is located. "Sales tax" refers to any tax which includes within its scope all "business of sale of goods" specified in the Schedule. Similarly, "sales tax deferral" only means the aforesaid industries are entitled to collect tax but they need not pay sales tax collected immediately to the State. If understood in this manner and thereafter the New Industrial Policy of the State Government for the years 1993-1998 and the exemption notification is looked into, the only conclusion that can be drawn is, what is exempted under the notification issued by the State Government is tax leviable under Section 5 of the Act on the goods manufactured and sold by an industrial unit. Therefore, the notification is in no way in variance or contrary to the industrial policy for the years 1993-1998 the above position has been rightly highlighted by the High Court."

5. We are in agreement with the opinion as recorded in the aforesaid decision, t