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Orissa Cement Ltd And Ors. Etc. Etc v. State Of Orissa And Ors. Etc. Etc

Orissa Cement Ltd And Ors. Etc. Etc
v.
State Of Orissa And Ors. Etc. Etc

(Supreme Court Of India)

Civil Appeal No. 2191 of 1966 | 22-04-1970


Hegde, J.

1. In this appeal by special leave, the question for consideration is whether the appellant is entitled to the rebate provided in Section 13 (8) of the Orissa Sales Tax Act, 1947, as amended by Orissa Sales Tax (Amendment) Act, 1962 (to be hereinafter referred to as the Orissa Act) read with Section 9 (3) of the Central Sales Tax Act, 1956 (to be hereinafter referred to as the Central Act).

2. The appellant is an incorporated company and it is a registered dealer under the Central Act. The appellant company was assessed to sales tax under the Central Act for the two quarters ending 31st December 1962 and 31st March, 1963. During the first quarter its tax liability was Rupees 62,061-86 P. and during the second quarter its tax liability was Rupees 47,266-21 P. The tax levied was paid by the assesse within the time fixed under Section 13(4) (d) of the Orissa Act.

3. Section 13 (8) of the Orissa Act provides :

"A rebate of one per centum on the amount of tax payable by a dealer shall be allowed if such tax is paid by the dealer on or before the due date of payment".

4. Section 9 (3) of the Central Act as it stood at the relevant time provided:

"The authorities for the time being empowered to assess, collect and enforce payment of any tax under the general sales tax law of the appropriate State shall, on behalf of the Government of India, and subject to any rules made under this Act, assess, collect and enforce payment of any tax including any penalty payable by a dealer under this Act, in the same manner as the tax on the sale and purchase of goods under the general sales tax law of the State is assessed, paid and collected and for this purpose they may exercise all or any of the powers they have under the general sales tax law of the State; and the provisions of such law including the provisions relating to returns, appeals, reviews, revisions, references, penalties and compounding of offences, shall apply accordingly."

5. The question for consideration is whether in view of Section 9 (3) of the Central Act, the assessee is entitled to the rebate provided in Section 13 (8) of the Orissa Act. Quite clearly the rebate for payment of the tax levied within the time prescribed under the Orissa Act was provided as a stimulus for prompt payment. The question is whether such a stimulus is a part of the manner of collection. The rebate is offered to facilitate and expedite collection. It is intended to stimulate the collection. Therefore, it is a part of the process of collection. In that view, it is proper to hold that in view of Section 9 (3) of the Central Act, the rebate provided in Section 13 (8) of the Orissa Act is payable to the assessees under the Central Act, if they pay the tax assessed within the prescribed time. The power to collect the tax assessed in the same manner as the tax on the sale and purchase of goods under the General Sales Tax law of the State provided in Section 9(3) of the Act includes within itself all concessions given under the Orissa Act for payment within the prescribed time.

6. For the reasons mentioned above, we allow this appeal and set aside the order of the High Court and issue a direction to the respondents to grant to the appellant the rebate provided in Section 13 (8) of the Orissa Act. The respondent shall pay the costs of the appellant both in this Court as well as in the High Court.

7. Appeal allowed.

Advocates List

For the Appearing Parties S.V. Gupte, Sobhagmal Jain, B.P. Maheshwari, R. Gopalakrishnan, R.N. Sachthey, B.D. Sharma, Advocates.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE K.S. HEGDE

HON'BLE MR. JUSTICE J.C. SHAH

HON'BLE MR. JUSTICE A.N. GROVER

Eq Citation

AIR 1970 SC 1672

(1970) 3 SCC 869

[1971] 27 STC 118 (SC)

LQ/SC/1970/219

HeadNote

Sales Tax — Rebate — Entitlement to — Orissa Sales Tax Act 1947 — S. 13 8 — Central Sales Tax Act 1956 — S. 9 3 — Entitlement to rebate under Orissa Act — Validity of — Held, rebate for payment of tax levied within time prescribed under Orissa Act was provided as a stimulus for prompt payment — Stimulus is a part of manner of collection — Power to collect tax assessed in same manner as tax on sale and purchase of goods under General Sales Tax law of State provided in S. 9 3 of Central Act includes within itself all concessions given under Orissa Act for payment within prescribed time — Orissa Sales Tax Amendment Act 1962