w w w . L a w y e r S e r v i c e s . i n



Sir Venkatramanaswamy Blue Metals, Rep by its Managing Partner, M. Sivanandam & Another v/s The Assistant Commissioner, Karur & Others


Company & Directors' Information:- E-METALS INDIA LIMITED [Active] CIN = L67120MP1993PLC007899

Company & Directors' Information:- T & T METALS PRIVATE LIMITED [Active] CIN = U51109WB1996PTC079144

Company & Directors' Information:- T & T METALS PRIVATE LIMITED [Active] CIN = U51109JH1996PTC010474

Company & Directors' Information:- C R P METALS PRIVATE LIMITED [Active] CIN = U13203DL2007PTC162721

Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- R N METALS PRIVATE LIMITED [Active] CIN = U74120TG2012PTC079808

Company & Directors' Information:- B R METALS LIMITED [Active] CIN = U27320AS1992PLC003681

Company & Directors' Information:- M P B METALS PRIVATE LIMITED [Active] CIN = U51101MH2014PTC258799

Company & Directors' Information:- D S METALS PVT LTD [Active] CIN = U27103WB1988PTC044523

Company & Directors' Information:- R S METALS PRIVATE LIMITED [Active] CIN = U27201RJ1973PTC001538

Company & Directors' Information:- C A METALS PRIVATE LIMITED [Active] CIN = U27100DL1988PTC031833

Company & Directors' Information:- R. A. METALS PRIVATE LIMITED [Active] CIN = U28113DL2011PTC256094

Company & Directors' Information:- R B S METALS PVT LTD. [Strike Off] CIN = U28111CT1989PTC005335

Company & Directors' Information:- K S METALS PVT LTD [Active] CIN = U65921WB1988PTC043774

Company & Directors' Information:- U V METALS PRIVATE LIMITED [Strike Off] CIN = U15499TN1986PTC013435

Company & Directors' Information:- J V METALS PRIVATE LIMITED [Active] CIN = U27109DL2004PTC127614

Company & Directors' Information:- B V METALS PRIVATE LIMITED [Active] CIN = U27100MH1983PTC030103

Company & Directors' Information:- S J B METALS PRIVATE LIMITED [Active] CIN = U51909PB1990PTC010910

Company & Directors' Information:- A G METALS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1992PTC048897

Company & Directors' Information:- D C METALS PRIVATE LIMITED [Strike Off] CIN = U27200MH1998PTC117410

Company & Directors' Information:- M H METALS PVT LTD [Strike Off] CIN = U27109CH1992PTC012615

Company & Directors' Information:- BLUE METALS COMPANY PRIVATE LIMITED [Active] CIN = U51420TN2004PTC052888

Company & Directors' Information:- S K METALS PRIVATE LIMITED [Strike Off] CIN = U27110TN1979PTC007954

Company & Directors' Information:- M G METALS PRIVATE LIMITED [Not available for efiling] CIN = U99999TN1987PTC014760

Company & Directors' Information:- BLUE-INDIA PRIVATE LIMITED [Strike Off] CIN = U74140HR2008PTC037647

Company & Directors' Information:- S B M METALS PRIVATE LIMITED [Strike Off] CIN = U51420HR2014PTC052174

Company & Directors' Information:- C C METALS PVT LTD [Strike Off] CIN = U27109PB1993PTC013823

Company & Directors' Information:- METALS PRIVATE LIMITED [Active] CIN = U27300MH1946PTC004882

Company & Directors' Information:- V. B. METALS PRIVATE LIMITED [Active] CIN = U27310DL2007PTC170520

Company & Directors' Information:- P J METALS PRIVATE LIMITED [Active] CIN = U28112DL2012PTC233093

Company & Directors' Information:- P J METALS PRIVATE LIMITED [Active] CIN = U70100DL2012PTC233093

Company & Directors' Information:- J T METALS PVT LTD [Strike Off] CIN = U28997WB1976PTC030719

Company & Directors' Information:- O S METALS PRIVATE LIMITED [Strike Off] CIN = U13206RJ1999PTC015614

    W.P. Nos. 8671, 8672 & 9930 of 2020 & WMP. Nos. 10507, 10508, 10509, 12070 & 12071 of 2020

    Decided On, 07 September 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR.(MRS.) JUSTICE ANITA SUMANTH

    For the Petitioner: P. Rajkumar, Advocate. For the Respondents: Mohammed Shaffiq, Special Government Pleader.



Judgment Text


(Prayer in W.P. No.8671 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus to call for the Impugned proceedings of the First Respondent in TIN NO 33513681349 Dated 7.2.2020 and quash the same and further direct the Respondents to include High Speed diesel in the CST Certificate of registration of the Petitioner as an Item eligible for the purchase and also issue C forms under the Central Sales Tax act 1956 read with the central sales Tax (Registration and Turnover) rules 1957 for the purchase of high speed diesel by the Petitioner from the suppliers in other States in the light of the law laid down by the Hon’ble Division Bench of this Court in the case of Commissioner of Commercial Taxes, Chennai Vs The Ramco Cements Ltd in W.A.Nos.3403, 3413, 3414 and 2812/2019 by an order dated 9.3.2020.

W.P. No.8672 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus to call for the Impugned proceedings of the first respondent (Available in the CTD.tn.gov.inPortal) in Acknowledgement NO 50200019557604 dated 18.2.2020 and quash the same and for a direction to the respondents to include “High Speed Diesel” in the CST Certificate of registration of the Petitioner as an commodity eligible for the purchase by the Petitioner for use in their mining activity and for generation of electricity and for a further direction to issue C forms under the Central Sales Tax Act, 1956 read with the Central Sales Tax (Registration and Turnover) Rules, 1957 to the petitioner for the purchase of High Speed Diesel from the suppliers in other States in the light of the law laid down by this Court in the case of M/s.Ramco Cements Ltd. and others in WP.Nos.19459/2018 and batch of cases by an order dated 26.10.2018 and affirmed by the Hon’ble Division Bench of this Court in the case of Commissioner of Commercial Taxes, Chennai Vs The Ramco Cements Ltd in W.A.Nos.3403, 3413, 3414 and 2812/2019 by an order dated 9.3.2020.

W.P. No.8672 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus to call for the impunged proceedings of the first respondent (Available in the ctd.tn.gov.in portal) in Acknowledgment No 50200019022979 dated 9.1.2020 and quash the same and for a direction to the respondents to include “High Speed Diesel” in the CST certificate of registration of the petitioner as an commodity eligible for purchase by the Petitioner for use in their generation of electricity and for a further direction to issue C forms under Central Sales Tax Act, 1956 read with the Central Sales Tax (Registration and Turnover) Rules, 1957 to the petitioner for the purchase of High Speed Diesel from the suppliers in other States in the light of the law laid down by the Hon’ble Division Bench of this Court in the case of Commissioner of Commercial Taxes, Chennai Vs The Ramco Cements Ltd in W.A.Nos.3403, 3413, 3414 and 2812/2019 by an order dated 9.3.2020.)

Common Order

1. Heard Mr.P.Rajkumar, learned counsel for the petitioners and Mr.Mohammed Shaffiq, learned Special Government Pleader for the respondents.

2. The petitioners in these Writ Petitions are dealers. Mr.Shaffiq, fairly submits that the issue involved in these Writ Petitions is squarely covered by a decision of this Court in W.P.Nos.4173 and 4176 in the case of M/s. Dhandapani Cement Private Limited Vs. The State of Tamil Nadu, wherein the identical issue as arising before me has been considered and decided by me in the following terms:

‘Mr.V.Haribabu, learned Additional Government Pleader (Taxes)takes notice for the respondents. By consent of both sides, final orders are passed in these Writ Petitions even at the stage of admission.

2. The petitioners in the Writ Petitions have expressed their difficulty in obtaining ‘C’ forms under the provisions of the Central Sales Tax Act, 1956 in order to avail concessional benefit of tax for purchase of High Speed Diesel from suppliers in other States.

3. At the outset, Mr.P.Rajkumar, learned counsel for the petitioner and Mr.V.Haribabu, learned Additional Government Pleader for the revenue agree that the issue in regard to entitlement to ‘C’ Forms for purchase of High Speed Diesel from supplies outside Tamil Nadu, to enable the dealers to seek a concessional rate of tax, is covered in favour of the assessee by a decision of this Court in M/s Ramco Cements Ltd. V. The Commissioner of Commercial Taxes (W.P.Nos.19460 of 2018) dated 26.10.2018 in a batch of over fifty (50) Writ Petitions.

4. A learned Single Judge of this Court in considering the issue held categorically that the benefit of the concessional rate is available to dealers who purchase High Speed Diesel from neighbouring States by way of inter-state sales. Reference is made to the decisions of other Courts that have considered an identical issue, holding the same in favour of the assessee. In fact, the decision of the Punjab and Haryana High Court has been carried to the Supreme Court in special leave and has been confirmed in State Of Haryana & Others Vs. Caparo Power Ltd. & Others in Special Leave Petition (Civil No. 20572 of 2018). The issue has also been considered in Hindustan Zinc Limited & Several Others Vs. The State of Rajasthan & others (S.B.Civil Writ Petition No.5506/2018 dated 18.05.2018) and Shree Raipur Cement Plant (A unit of Shree Cement Limited) Vs. State of Chhattisgarh, Finance department (Tax Division) (W.P.(T) No.83 of 2018 dated 18.05.2018) and held in favour of the assessee.

5. Mr.Haribabu does not dispute the above position. However, he maintains that the State proposes to challenge the order of the learned Single Judge in the case of M/s. Ramco Cements Ltd (supra) though no such appeal has been filed thus far.

6. In such circumstances, till such time the order of this court in the case of M/s Ramco Cements Ltd (supra) is either stayed or reversed it is incumbent upon all Assessing Authorities within the State of Tamil Nadu to apply the rationale of the decision to all pending assessments. The Petitioner in these Writ Petitions has stated on affidavit that it is unable to download the ‘C’ forms from the websites as the same stand blocked from use. Upon enquiry with the Assessing Authorities, they have been informed that the benefit of the decision in M/s Ramco Cements Ltd can be extended only to those dealers that are party to the decision. This stand is unacceptable in so far as the decision of this Court as well as other High Courts, one of which has been confirmed by the Supreme Court, are decisions in rem, applicable to all dealers that seek benefit thereunder, of course, in accordance with law.

7. For the above reasons, these Writ Petitions are allowed. Consequently, necessary action to be taken by the department, forthwith. No costs. Connected Miscellaneous petitions are closed.’

3. The State has, after the date of the above order, filed a Writ Appeal in W.A.No.3403 of 2019 challenging the decision in the case of Ramco Cements (Supra) that has been considered and dismissed by a Division Bench of this Court on 09.03.2020 in the following terms:

..........

13. It is true that the liability to pay tax arises under the provisions of the CST Act only upon seller who effects the taxable sale in the course of inter-State Trade or Commerce and only such Dealers can initially obtain the registration under Section 7(1) of the Act, but, the liability to pay tax on purchase of goods is an independent liability of Purchasing Dealer also to pay tax. Section 7(1) only casts an obligation on the Seller liable to pay tax as per Section 6 and to obtain registration. It does not talk of registration or cancellation there of http://www.judis.nic.in Judgt. dt 9.3.2020 in W.A.Nos.3403/2019, etc. Commr. of Commercial Taxes & anr v. The Ramco Cements Ltd. 40/100 any purchasing dealer. Section 7(2) provides independent right of any Dealer to obtain registration under the provisions of the CST Act. The said provisions of Section 7(2) of the Act are in two parts which are joined by the words “or” which means independent clauses. In the first category, the Dealer is liable to pay tax under the Sales Tax law of the appropriate State and in the second category, where there is no such law in force in the appropriate State or any part thereof, any dealer having a place of business in the State or part, as the case may be, may, notwithstanding that he is not liable to pay tax under the Act, apply for registration under the Act. Therefore, the liability to pay tax under the provisions of CST fixed on the Seller is not a condition precedent or the only contingency for getting himself registered under the provisions of the CST Act. Even a person, who is only purchasing goods in the inter-State Trade or Commerce, who may not be liable to pay tax under the provisions of CST Act as a Seller can also secure registration under the provisions of the said Act and can continue with it. Even a dealer liable to tax under State Sales Tax law, which may include even new State GST Act, 2017, can obtain registration under CST Act. In the present case, the Assessee, a Cement Company, continues to be liable to pay tax under local TNVAT Act, 2006 if it sells or purchases any of these six goods also. The TNVAT Act also has not been completely repealed but now applies only to these six commodities after 1.7.2017, as per Section 174 of the TNGST Act, 2017.

14. Therefore, on a conjoint reading of both sub-sections (1) and (2) of Section 7 of the CST Act, it is clear that the Respondents/Assessees and their likes can continue to have registration under the provisions of the CST Act and the contention raised on behalf of the Revenue that they have lost their entitlement to be so registered is misconceived and liable to be rejected. We, accordingly, reject the same.

15. The fact that the definition of ‘goods’ has been amended with effect from 1.7.2017 under the provisions of CST Act to restrict it to six commodities specified in Section 2(d) of the Act does not mean that the entire scope of the operation of CST Act has been amended. The rights of the purchasing Dealers of the goods including the rights to purchase at a concessional rate against Declaration in ‘C’ forms continues unabated under Section 8(3)(b) of the Act which has not been amended in 2017. The scope of the term ‘goods’ as defined in Section 2(d) of the Act does not obliterate such seemless flow of the http://www.judis.nic.in Judgt. dt 9.3.2020 in W.A.Nos.3403/2019, etc. Commr. of Commercial Taxes & anr v. The Ramco Cements Ltd. 42/100 inter-State Trade or the operatability of the CST Act for both Selling Dealers as well as Purchasing Dealers throughout the country. The Legislature never intended to do so while restricting the applicability of the CST Act only to six specified commodities and take them out of GST Law and taking all other commodities except the six specified items in the GST Tax Law Regime. Such a view on the part of the Revenue is self defeatative and cannot be countenanced by the court. The freedom of trade including the right to purchase in the course of inter-State Trade or Commerce enshrined in Article 301 read with Article 304(b) is not taken away by GST Regime laws.

...................

39. Therefore, if a Dealer has a right to sell as well the restricted six items under CST Act, one fails to understand as to how their right to purchase those goods at present time under the existing Registration Certificates can be taken away merely because they are not selling those goods. If sale of the goods was the only criteria of registration under the CST Act, the consequent amendments would not have allowed concessional rate of tax for purchase of those six commodities for user in activities like Mining or Telecommunication Networks, where no such resale or use in manufacturing is involved. Therefore, such a right is equally available to other industries like Cement Industries and the same cannot be denied to them. That would result in an invidious classification in violation of Article 14 of the Constitution of India, which is neither envisaged nor is called for. Therefore, the contentions raised on behalf of the Revenue are not sustainable at all.

40. Consequently, we are of the opinion that the Writ Appeals filed by the Revenue have no merits and deserve to be dismissed and respectfully agreeing with the views expressed by other High Courts and confirming the view of the

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learned Single Judge in the impugned Judgment in Appeal before us we dismiss the present Writ Appeals filed by the State. No order as to costs. Consequently, the connected Miscellaneous Petitions are also dismissed. 41. The Appellant State and the Revenue Authorities are directed not to restrict the use of ‘C’ Forms for the inter-State purchases of six commodities by the Respondent/Assessees and other registered Dealers at concessional rate of tax and they are further directed to permit Online downloading of such Declaration in ‘C’ Forms to such Dealers. The Circular letter of the Commissioner dated 31.5.2018 stands quashed and set aside along with the consequential Notices and Proceedings initiated against all the Assessees throughout the State of Tamil Nadu. 4. Mr.Shaffiq states that the State intends to challenge the order in Writ Appeal by way of a Special Leave Petition. 5. As on date, the order in Writ Appeal is final, and following the rationale thereof, these Writ Petitions are allowed. The petitioners are entitled to the inclusion of ‘High Speed Diesel Oil’ as a commodity in the registration certificate. Let this exercise be carried out within a period of four (4) weeks from date of uploading of this order. The request of the petitioner for issuance of ‘C’ Forms is allowed as a consequence thereof. No costs. Connected Miscellaneous Petitions are closed.
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01-09-2020 Vazhuvoor Ravi Versus The State of TamilNadu, Rep.by the Chief Secretary, Chennai & Others High Court of Judicature at Madras
01-09-2020 Pavai Varam Educational Trust Established and Administering, Paavai College of Pharmacy and Research, Rep. by Chairman V. Natarajan Versus The Pharmacy Council of India, Represented by the Secretary cum Registrar, New Delhi High Court of Judicature at Madras
31-08-2020 M/s. AAF India Private Limited, Rep. by its Authorised Signatory Jagruti Mursenia Versus M/s. KBR Industries, Represented by its Partner High Court of Karnataka
31-08-2020 M/s. Kaveri Associates, Rep. by its Managing Partner, Rishabchand Bhansali Versus The Assistant Commissioner of Income Tax Circle 5(1), Bangalore High Court of Karnataka
28-08-2020 Mahindra Lifespace Developers Ltd., Rep.by its Authorized Signatory R. Eswaran Versus The Chairman and Managing Director, TANGEDCO, Chennai & Others High Court of Judicature at Madras
28-08-2020 Shifa Khairun Versus The Government of Tamil Nadu, Rep.by its Secretary to the Government, Health & Family Welfare Department, Chennai & Others High Court of Judicature at Madras
28-08-2020 M/s Urban Systems Versus The Union of India Rep. By The Secretary To The Govt of India, Min of Finance, Deptt of Revenue Central Board of Indirect Taxes And Customs, North Block, New Delhi & Others High Court of Gauhati
28-08-2020 Chandan @ Abcd Chandan Versus State of Karnataka, Rep. by the State Public Prosecutor, Benglauru High Court of Karnataka
28-08-2020 Ponnayal & Others Versus The State of Tamil Nadu, Rep.by the Additional Chief Secretary, Highways & Minor Ports Department, Chennai & Others High Court of Judicature at Madras
28-08-2020 M/s. Anish Orchardes Private Ltd. Rep. by its Director S. Bhavani & Others Versus The Official Liquidator, High Court, Madras as Provisional Liquidator of Maxworth Orchards (India) Ltd. Orchards (India) Ltd. Rep. by Administrator K. Alagiriswami & Others High Court of Judicature at Madras
28-08-2020 K.V. Sayan & Another Versus The State rep. By Inspector of Police, Kotagiri Police Station, The Nilgiris & Another High Court of Judicature at Madras
28-08-2020 Karnataka Professional Colleges Foundation Rep. by its Secretary R.V. Govinda Rao & Others Versus State of Karnataka, Represented by its Principal Secretary & Others High Court of Karnataka
27-08-2020 Phatik Sonowal Versus State Of Assam Rep. By The Comm. & Secy. To The Govt. of Assam, Education (Elementary), Gauhati & Others High Court of Gauhati
27-08-2020 Mohammed Anees Versus The State of Karnataka, Rep. by SPP, Bengaluru High Court of Karnataka
27-08-2020 Poornachandrakala Versus The State of Tamil Nadu, Rep. by its Secretary to Government, Department of Collegiate Education, Chennai & Others Before the Madurai Bench of Madras High Court
27-08-2020 Praveena @ Itachi Versus The State of Karnataka, Rep. by Kamakshipalya Police Station, Rep. by its State Public Prosecutor, Bangalore High Court of Karnataka
27-08-2020 Pradeep Versus State of Karnataka, Rep. by State Public Prosecutor High Court of Karnataka
27-08-2020 Bhimsen Tyagi Versus The State of Telangana, Rep. by its Principal Secretary to Government (Poll), Home Department Secretariat, Hyderabad & Another High Court of for the State of Telangana
27-08-2020 M/s. Web International Cargo Ltd., Rep. by its proprietor Srinivas P. Bhat Versus M/s. Magnum Logistics Ltd., Rep. by its Director, Jayaram High Court of Karnataka
27-08-2020 Master Vinay Bharadwaj, Rep. by his Father & Natural Guardian D.R. Shivakumar Versus M/s. United India Insurance Company Limited, Bangalore & Another High Court of Karnataka
27-08-2020 Pradeepa Versus The State of Karnataka, Rep. by State Public Prosecutor, Bangalore High Court of Karnataka
26-08-2020 K. Ranga Rao & Others Versus The State of Andhra Pradesh, rep. by its Principal Secretary & Others High Court of Andhra Pradesh
26-08-2020 M/s. Leo Activation, Division of Black Pencil Advertising Pvt. Ltd., Mumbai, Rep. by Its Director Versus The 49th All India Congress of Obstetrics & Gynecology, Kochi, Represented by Its Organizing Committee Chairman, Dr. V.P. Paily High Court of Kerala
26-08-2020 Muhammed Versus State of Kerala Rep. by The Public Prosecutor, High Court of Kerala at Ernakulam Through S.H.O. Varapuzha Police Station, Ernakulam High Court of Kerala