VidhiSangh

Supreme Court of India · 13/01/2021

M/S VELLANKI FRAME WORKS versus THE COMMERCIAL TAX OFFICER, VISAKHAPATNAM

[2021] 3 S.C.R. 903 · 2021 INSC 20

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Summary

A timber dealer claimed that onward transactions were high-seas sales exempt from Central Sales Tax. It had itself filed the warehousing and home-consumption bills of entry, appeared as importer in the unamended manifests and been assessed to customs duty. The Court held that the alleged agency and second high-seas sales were not established; the subsequent supplies to buyers in other States were taxable inter-State sales. Having unsuccessfully litigated the merits in writ proceedings, the dealer could not restart through statutory appeals.

Issues

  1. Whether alleged onward high-seas sales qualified under either limb of CST Act Section 5(2).
  2. What evidentiary significance attached to the bills of entry, import manifests and claimed agency.
  3. Whether the dealer should be allowed to pursue statutory appeals after the merits were adjudicated in its chosen writ proceedings.

Provisions considered

Held

Result

Appeals dismissed with costs; appellate deposit adjustable against tax dues.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 903.