STATE OF TAMIL NADU Vs. HINDU

JUDGEMENT

(1.) THIS is a petition filed by the State under section 38 of the Tamil Nadu General Sales Tax Act, 1959, to revise the order of the Sales Tax Appellate Tribunal dated 29th November, 1971. The assessment year is 1968-69. The turnover which was disputed before the Sales Tax Appellate Tribunal was Rs. 6, 40, 556.61 and the turnover which is the subject-matter of this tax revision case is the amount of Rs. 6, 24, 373.30 made up of (1) a sum of Rs. 37, 209.20 representing the turnover relating to the sale of glazed newsprint and (2) Rs. 5, 87, 164.10 representing the turnover relating to the sale of old newspapers, print waste and cut waste, etc. The respondent is the publisher of the newspaper "The Hindu". The question regarding the assessability of the turnover relating to old newspapers and other waste came up for consideration before this court in State of Tamil Nadu v. Indian Express (Madurai) Limited THIS court in that judgment held that having regard to the amendment of the definition of the term "business" in the Tamil Nadu General Sales Tax Act, 1959, by Act 15 of 1964, the transactions which were incidental or ancillary to the main trade or business were liable to tax and since the assessee was carrying on the business of printing, publishing and sale of newspapers, the turnover relating to unsold newspapers and other waste was liable to tax. In view of this judgment of this court, the learned counsel could not question the liability to tax the turnover relating to the old newspapers and other waste.

(2.) HOWEVER, the learned counsel for the assessee contended that in respect of two items the order of the Tribunal has to be sustained and the revision petition has to be dismissed. One is the sum of Rs. 37, 209.20 referred to already. This is dealt with in paragraph 11 of the order of the Tribunal. The Tribunal merely says in that paragraph :

(3.) CONSEQUENTLY, in view of the definition of the term "business" contained in section 2(d) and in view of the decision referred to above, the turnover is liable to be taxed. The next point raised by the learned counsel for the assessee is that the turnover relating to the print waste and cut waste should not be included in the assessable turnover. The order of the Tribunal does not give the actual amount of the turnover referable to the sale of the print waste and cut waste. But it is clear that the turnover referable to such sales forms part of the sum of Rs. 5, 87, 164.10 referred to already. We are of the opinion that there is no substance in this point also in view of the fact that the above extract from the earlier judgment of this court will show that the point is covered by the judgment. The print waste or cut waste can only be said to be unused paper or unserviceable paper and it cannot be anything else. As a matter of fact, the Supreme Court in District Controller of Stores, Northern Railway, Jodhpur v. Assistant Commercial Taxation Officer dealt with a case of sale of unserviceable materials and scrap iron by the railway and held that having regard to the definition of the term "business" found in the Rajasthan Sales Tax Act, 1954, which was similar to the definition referred to already, found in the Tamil Nadu Act, the turnover was liable to tax. CONSEQUENTLY, we hold that even the turnover relating to the sale of print waste and cut waste will be liable to tax since the same cannot be said to be not ancillary or incidental to the business of printing, publishing and selling newspaper.Therefore, we allow this tax revision petition and set aside the order of the Sales Tax Appellate Tribunal in respect of the two sums referred to above totalling a turnover of Rs. 6, 24, 373.30. There will be no order as to costs.