VidhiSangh

Supreme Court of India · 24/03/2023

THE STATE OF TRIPURA & ANR versus CHANDAN DEB & ORS.

[2023] 3 S.C.R. 1134 · 2023 INSC 284

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Summary

Suppliers who hired out vehicles to ONGC, GAIL and FCI in Tripura challenged Rule 3A(2) of the Tripura Sales Tax Rules, 1976 and a 1992 memorandum requiring hirers to deduct 4 per cent sales tax at source from their bills, contending that the Act had no charging provision for transfer of the right to use goods. The Gauhati High Court struck down the rule and, on appeal, negated even liability under Section 3AA. The Supreme Court allowed the State's appeals: under the second proviso to Section 3(1) read with the definitions of sale and dealer, a transfer of the right to use goods including vehicles is a deemed sale taxable at 4 per cent in the transferor's hands, and Rule 3A(2), framed under the wide rule-making power in Section 44, is merely a machinery provision for recovery by deduction at source that does not alter chargeability or liability.

Issues

  1. Whether Rule 3A(2) of the Tripura Sales Tax Rules, 1976, requiring deduction of 4 per cent tax at source from payments for transfer of the right to use goods, is ultra vires the Tripura Sales Tax Act, 1976 for want of a charging provision.
  2. Whether a person transferring the right to use vehicles on hire is a dealer liable to sales tax under the Act.

Provisions considered

Held

Result

Appeals allowed; judgments of the Division Bench and the Single Judge of the Gauhati High Court declaring Rule 3A(2) of the Tripura Sales Tax Rules, 1976 ultra vires the Tripura Sales Tax Act, 1976 and quashing the 1992 memorandum requiring hirers to deduct 4 per cent tax from vehicle suppliers' bills set aside; necessary consequences to follow; no costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 1134.