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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, SHAMIM AHMED
Cholamandalam Investment and Finance Co. Ltd. – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. factual background of assessee's returns and assessments (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 12 , 18) |
| 2. substantial questions of law admitted (Para 10 , 11) |
| 3. transit sales not exempt under section 6(2) cst (Para 13 , 14 , 15 , 19) |
| 4. high sea sales ineligible under section 5(2) cst (Para 16 , 17 , 40 , 41) |
| 5. state taxing power valid despite constitutional limits (Para 20 , 21 , 22 , 23) |
| 6. definitions of 'sale' include hire-purchase (Para 24 , 25 , 26) |
| 7. constitutional provisions restrict state taxation (Para 27 , 28 , 29 , 30 , 31) |
| 8. dual invoices reveal tax evasion attempt (Para 32 , 33 , 34 , 35 , 38) |
| 9. hire-purchase taxable as first sale in state (Para 36 , 37) |
| 10. revisions dismissed; tribunal findings upheld (Para 39 , 42 , 44) |
ORDER :
1. M/s. Cholamandalam Investment & Finance Company Limited (hereinafter referred as ‘assessee’) is the revision petitioner in both the Tax Case (Revision) petitions filed under Section 38 of the Tamil Nadu General Sales Tax Act, 1959.
2. The assessee herein filed returns in Form-I filed under GST Act for the year 1995-96 declaring the total turnover as Rs.68,91,52,009/- and its taxable turnover as ‘NIL’ as under:-
*As far as
A contract of sale that occasions movement of goods from one State to another constitutes an inter-state sale under CST provisions; situs remains fixed at delivery point irrespective of later co-ming....
The court clarifies the conditions under which sales are taxable and addresses inter-State sales exemptions under the General Sales Tax Act.
The court ruled that non-furnishing of 'C' Forms by a purchaser due to financial distress does not absolve entitlement to tax exemptions under Section 6(2) of the Central Sales Tax Act, 1956.
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