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Civil · Reportable judgment

C.T. Kochouseph vs State of Kerala and Another Etc.

Court
Supreme Court of India
Date
9 May 2025
Case No.
Civil Appeal No(s). 941-945 of 2004
Result
Dismissed
Bench
Sanjiv Khanna, Sanjay Kumar, R Mahadevan
Citation
[2025] 6 S.C.R. 310 : 2025 INSC 661
Acts & Sections
Kerala General Sales Tax Act, 1963 Tamil Nadu General Sales Tax Act, 1959
Supreme Court Reports [2025] 6 S.C.R. 310 : 2025 INSC 661
Issue for consideration
Issue arose whether the purchase tax, as imposed by s.5A of the Kerala General Sales Tax Act, 1963 or s.7A of the Tamil Nadu General Sales Tax Act, 1959, is a tax in the nature of manufacture or consignment tax or an inter-state levy, and thus, ultra vires the Constitution and beyond the legislative powers of the state legislature; whether the purchase of goods by the appellants from dealers exempted from payment of tax by virtue of notifications or exemptions issued under the Kerala Act or Tamil Nadu Act is a purchase “which is liable to tax” within the meaning of s.5A of the Kerala Act or s.7A of the Tamil Nadu Act; and whether the appellant-assessee who had purchased goods, that were exempt from payment of sales tax or from the dealers who were exempt from payment of sales tax, liable to pay purchase tax u/s.5A of the Kerala Act or s.7A of the Tamil Nadu Act.
Headnote

Kerala General Sales Tax Act, 1963 – s.5A – Tamil Nadu General Sales Tax Act, 1959 – s.7A – Levy of purchase tax – Constitutional validity of purchase tax under the Acts – Purchase tax, as imposed by s.5A of the Kerala Act or s.7A of the Tamil Nadu Act, is a tax in the nature of manufacture or consignment tax or an inter-state levy – Purchase of goods by the assessee from dealers exempted from payment of tax under the Kerala Act or Tamil Nadu Act, if a purchase “which is liable to tax” within the meaning of s.5A of the Kerala Act or s.7A of the Tamil Nadu Act – Assessee who had purchased goods, that were exempt from payment of sales tax or from the dealers who were exempt from payment of sales tax, if liable to pay purchase tax:

Read the full headnote (1 more paragraph)

Held: Constitutional validity of s.7A of the Tamil Nadu Act and s.5A of the Kerala Act upheld – Levy of purchase tax is governed by the provisions and stipulations of ss.5A or 7A – They are independent and in a way constitute charging sections – ss.5A or 7A, impose purchase tax specifically in situations where the seller is granted exemption from payment of tax – Exemption from payment of tax at the time of sale is a pre-condition for attracting ss.5A and 7A respectively – It cannot be said that s.7A of the Tamil Nadu Act and s.5A of the Kerala Act would have no application when tax is exempt at the hands of the seller, or for that matter, the tax u/s.3 or s.5 of the Acts at the hands of the seller is payable at the point of first sale – The fact that the goods were not exempt from payment of tax at the time of sale and the goods would have attracted tax at the first point of sale, is immaterial – Purchase tax is leviable on and payable by the purchaser – However, the legislations do not levy the purchase tax to tax the transaction of the sale and purchase twice – Instead, it levies purchase tax only where no sales tax was payable on the sale – Purchase tax is levied on the purchase of goods on which no tax has been paid on account of any exemption as a result of which the seller is not required to collect and pay sales tax – Decision whether or not to levy purchase tax is a prerogative and power of the State Legislature – It cannot be said that purchase tax is leviable when there is cross- border or inter-State movement of the goods or is a consignment tax – What is granted is exemption from payment of sales tax and not the purchase tax – Grant of exemption being for the purpose of payment of sales tax, it does not follow that purchase tax would not be payable when conditions of s.7A are satisfied – Furthermore, it cannot be said that the applicable rate of tax on purchase would be nil as the tax payable on the sale in view of the exemption from payment of sales tax is nil – Thus, the judgments /orders of High Courts upheld. [Paras 31, 32, 35, 37-39]

Keywords: Purchase tax · Sales tax · Constitutional validity · Exempt from payment of tax · First point of sale · Power of the State · Source of revenue for governments · Exemption from payment of sales tax · Applicable rate of tax · No reverse levy · Excise duty · Custom duty · Tax in the nature of manufacture · Consignment tax · Inter-state levy · Beyond the legislative powers of the state legislature · Dealers exempt from payment of sales tax, if liable to pay purchase tax

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjiv Khanna, CJI Leave granted in SLP (C) Nos. 9420-9422 of 2012. 2. This judgment decides a batch of matters pertaining to Section 5A of the Kerala General Sales Tax Act, 19631 and the pari materia provision of Section 7A of the Tamil Nadu General Sales Tax Act, 1959.2 3. The following issues arise for our consideration: 4. I. Whether the purchase of goods by the appellants from dealers who were exempted from payment of tax by virtue of notifications or exemptions issued under the Kerala Act or the Tamil Nadu Act, is a purchase “which is liable to tax” within the meaning of S
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