High Court of KeralaDivision BenchRevisions dismissed; penalties set aside; reven...

State of Kerala v. Chazhikattu Hospital, Thodupuzha; State of Kerala v. Idukki District Cooperative Hospital, Thodupuzha; State of Kerala v. St. Mary's Hospital, Idduki Road, Thodupuzha

Case / Petition Number:ST.Rev.Nos.6/2016, 9/2016 & 10/2016
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
  • T. R. Ravi
Judgment Date
2020-11-26
Court Decision / Holding
All the revisions are dismissed; the penalties set aside; the questions of law framed against the Revenue are answered in favour of the assessee. The Tribunal’s orders setting aside the penalties are not sustained; the decision aligns with the doctrine that composite medical services are not taxable as sale of goods, and liability to tax arises only on sale of goods.
Final Disposition
Revisions dismissed; penalties set aside; revenue’s contentions rejected; in favour of the assessee.

Parties to the Case

Appellants / Petitioners

  • M/S CHAZHIKKATTU HOSPITAL THODUPUZHA
  • M/S IDUKKI DISTRICT CO-OPERATIVE HOSPITAL THODUPUZHA
  • M/S ST.MARY'S HOSPITAL, IDUKKI ROAD, THODUPUZHA

Respondents

  • State of Kerala represented by the Deputy Commissioner (Law), Commercial Taxes, Ernakulam.

Legal Representation & Advocates

Counsels for Respondents

  • • Sri. V.K. Shamsudheen, Sr. Government Pleader
  • • Sri. KuriAn George Kannantanam (Sr.)
  • • Sri. Tony George Kannantanam
  • • Sri. Thomas George
  • • Sri. Alex George

Case Synopsis & Summary

These three ST.Rev. Nos. 6/2016, 9/2016 and 10/2016 are Kerala High Court proceedings arising from Tribunal orders that set aside penalties imposed by the Assessing Authority for not complying with a notice to produce accounts in the context of Kerala VAT/Agricultural Income Tax and Sales Tax. The hospitals were contend­ing that the notices and the penalties were premised on treating hospitals that administer medicines and use consumables as engaged in sale of goods subject to sales tax. The petitioners argued that medical service with supply of medicines and implants is a composite service, not separable into taxable goods, and that penalizing for non-production of accounts under these facts was unsustainable. The court relies on the doctrine of composite medical services, citing the Full Bench decision in Sanjose Parish Hospital v. Commercial Tax Officer, 2019 (1) KLT 336 (FB), which held that supplies of drugs, consumables and implants in the course of medical treatment are not taxable as sale of goods. A Division Bench decision in ST Rev. No. 40/12 (28-02-2019) was noted as unsustainable for the same issue. The High Court, by a Division Bench of K. Vinod Chandran and T.R. Ravi, dismisses the revisions, holding that liability under sales tax arises only on sale of goods, not on the provision of medical services where medicines are supplied in treatment. The outcome clarifies that penalty for non-compliance with an accounts-notice cannot stand in light of the composite-services doctrine.

Legal Doctrines & Maxims

  • Composite medical services doctrine: supply of drugs, consumables and implants in the course of medical treatment is not separable from the medical services offered and hence not exigible to sales tax.
  • Liability to sales tax arises only on sale of goods.

Submissions & Arguments

Contentions of Appellants / Petitioners

The revision petitioners contended that the penalty imposed for non-compliance with the notice to produce accounts is not sustainable. They argued that the notices were issued on the premise that hospitals administering medicines and using consumables are involved in sale of goods and hence subject to sales tax. The medical services provided by hospitals are a composite bundle; the sale of drugs, consumables and implants forms an inseparable part of medical treatment and cannot be taxed as sale of goods. The penalties under challenge were imposed without proper legal basis given the evolving jurisprudence on the composite nature of medical services.

Contentions of Respondents

The State argued that the receipts from medicines and consumables form part of sale of goods and are taxable under the VAT regime. The notice to produce accounts was issued to verify the sale of goods and the levy of penalties for non-compliance was warranted unless the provider could demonstrate that the supplies were part of a non-taxable medical service. The State cited earlier decisions and relied on the prior view of penalties under the tax law to justify the tribunal’s orders and the proposed liability.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Sanjose Parish Hospital v. Commercial Tax Officer2019(1) KLT 336 (FB)PositiveFull Bench held that the supply of drugs, consumables and implants in course of medical treatment is not separable from medical services and not taxable as sale of goods.
S.T.Rev.No.40/2012S.T.Rev.No.40/12 (dated 28.02.2019)OverruledThe High Court treats the 40/12 decision as unsustainable in light of the later Full Bench decision and the composite-services doctrine.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against State of Kerala v. Chazhikattu Hospital, Thodupuzha; State of Kerala v. Idukki District Cooperative Hospital, Thodupuzha; State of Kerala v. St. Mary's Hospital, Idduki Road, Thodupuzha and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942** **ST.Rev..No.6 OF 2016** **AGAINST THE ORDER IN T.A.NO.139/2010 DATED 13-04-2015 OF THE KERALA VALUE ADDED TAX / AGRICULTURAL INCOME TAX & SALES TAX APPELLATE TRIBUNAL, ADDL.BENCH, KOTTAYAM** ## **REVISION PETITIONER/APPELLANT/RESPONDENT/REVENUE:** **STATE OF KERALA REPRESENTED BY THE DEPUTY COMMISSIONER (LAW), COMMERCIAL TAXES, ERNAKULAM.** **BY SRI.V.K.SHAMSUDHEEN, SR.GOVERNMENT PLEADER** ## **RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE:** **M/S.CHAZHIKKATTU HOSPITAL THODUPUZHA, PIN:685 584.** **THIS SALES TAX REVISION HAVING BEEN FINALLY HEARD ON 26.11.2020, ALONG WITH ST.Rev..9/2016, ST.Rev..10/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942** **ST.Rev..No.9 OF 2016** **AGAINST THE ORDER IN T.A.NO.140/2010 DATED 13-04-2015 OF THE KERALA VALUE ADDED TAX / AGRICULTURAL INCOME TAX & SALES TAX APPELLATE TRIBUNAL, ADDL.BENCH, KOTTAYAM** ## **REVIEW PETITIONER/APPELLANT / RESPONDENT/REVENUE:** **STATE OF KERALA REPRESENTED BY THE DEPUTY COMMISSIONER(LAW) COMMERCIAL TAXES, ERNAKULAM.** **BY SRI.V.K.SHAMSUDHEEN, SR. GOVERNMENT PLEADER** ## **RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE:** **M/S.IDUKKI DISTRICT CO-OPERATIVE HOSPITAL THODUPUZHA. PIN - 685 584.** **R1 BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI. THOMAS GEORGE SRI. ALEX GEORGE** **THIS SALES TAX REVISION HAVING BEEN FINALLY HEARD ON 26.11.2020, ALONG WITH ST.Rev..6/2016, ST.Rev..10/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942** **ST.Rev..No.10 OF 2016** **AGAINST THE ORDER IN T.A.NO.141/2010 DATED 13-04-2015 OF THE KERALA VALUE ADDED TAX / AGRICULTURAL INCOME TAX & SALES TAX APPELLATE TRIBUNAL, ADDL.BENCH, KOTTAYAM** ## **REVISION PETITIONER/APPELLANT/RESPONDENT/REVENUE:** **STATE OF KERALA REPRESENTED BY THE DEPUTY COMMISSIONER(LAW), COMMERCIAL TAXES, ERNAKULAM.** **BY SRI.V.K.SHAMSUDHEEN, SR. GOVERNMENT PLEADER** ## **RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE:** **M/S.ST.MARY'S HOSPITAL, IDUKKI ROAD, THODUPUZHA, PIN – 685 584.** **THIS SALES TAX REVISION HAVING BEEN FINALLY HEARD ON 26.11.2020, ALONG WITH ST.Rev..6/2016, ST.Rev..9/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **4** **K. Vinod Chandran & T.R.Ravi, JJ. ------------------------------------S.T.Rev.Nos.6/2016, 9/2016 & 10/2016 -----------------------------------Dated, this the 26[th] day of November, 2020** ## **ORDER** ## **Vinod Chandran, J.** All the above revisions are from orders of the Tribunal setting aside the penalty imposed by the Assessing Authority for not having complied with the terms of a notice issued to produce the accounts for verification. The notice issued was also on the premise that hospitals administering medicines and using consumables in the course of treatment are involved in sale of goods; exigible to sales tax. A Full Bench of this court in _Sanjose Parish Hospital v. Commercial Tax Officer [2019(1) KLT 336(FB)]_ has found that the supply of drugs, consumables and implants in the course of medical treatment are not capable of separation from the composite medical services offered and hence not exigible to sales tax, which liability arises only on sale of goods. As to the specific ground on which penalty has been imposed; a Division Bench of this Court in ST Rev.No.40 of 2012 dated **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **5** 28.02.2019, produced as Annexure R - V in ST Rev.No.9 of 2016 held the same to be unsustainable. We, hence find no reason to entertain the revisions and reject the same, answering the questions of law framed against the Revenue and in favour of the assessee. ## **Sd/K.VINOD CHANDRAN JUDGE** **Sd/T.R.RAVI JUDGE** DK **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **6** ## **APPENDIX OF ST.Rev. 6/2016** ## **PETITIONER'S EXHIBITS:** ## **ANNEXURE A** **A TRUE COPY OF THE ORDER PASSED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER, 1ST CIRCLE, THODUPUZHA.** ## **ANNEXURE B** **A TRUE COPY OF THE COMMON ORDER PASSED BY THE DEPUTY COMMISSIONER (APPEALS), KOTTAYAM IN STRP NO. 1793/08 DATED 21.10.2009.** ## **ANNEXURE C** **A CERTIFIED COPY OF THE ORDER OF THE KERALA VALUE ADDED TAX/AGRICULTURAL INCOME TAX AND SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM IN TA NOS. 139/10 TO 141/10 AND C.O.NOS. 10/10 TO 12/10 DATED 13.04.2015.** **ANNEXURE C(A) A TRUE COPY OF ANNEXURE C.** **RESPONDENT'S EXHIBITS: NIL** **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **7** ## **APPENDIX OF ST.Rev. 9/2016** ## **PETITIONER'S EXHIBITS:** ## **ANNEXURE A** **A TRUE COPY OF THE ORDER PASSED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER, 1ST CIRCLE, THODUPUZHA.** ## **ANNEXURE B** - **A TRUE COPY OF THE COMMON ORDER PASSED BY THE DEPUTY COMMISSIONER (APPEALS), KOTTAYAM IN STRP NO. 1795/08 DATED 21.10.2009.** ## **ANNEXURE C** - **A TRUE COPY OF THE ORDER OF THE KERALA VALUE ADDED TAX/AGRICULTURAL INCOME TAX AND SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM IN TA NOS. 139/10 TO 141/10 AND C.O. NOS. 10/10 TO 12/10 DATED 13.04.2015.** ## **RESPONDENT'S EXHIBITS:** ## **ANNEXURE-R-I** **TRUE COPY OF THE NOTICE DATED 20-4-04 OF THE AGRL. INCOME TAX & SALES TAX OFFICER** ## **ANNEXURE-R-II** - **TRUE COPY OF THE NOTICE OF DEMAND OF PENALTY DATED 19-5-2004 OF THE AGRL. INCOME TAX & SALES TAX OFFICER** ## **ANNEXURE-R-III** - **TRUE COPY OF THE REPLY DATED 13-5-2004 ISSUED BY THE SECRETARY OF DISTRICT COOPERATIVE HOSPITAL** ## **ANNEXURE-R-IV** - **TRUE COPY OF THE REPLY DATED 18-5-2004 ISSUED BY THE SECRETARY OF DISTRICT COOPERATIVE HOSPITAL** ## **ANNEXURE-R-V** - **TRUE COPY OF THE ORDER DATED 28-2-2019 IN S.T.REV.NO.40/12 OF THIS HON. COURT** **S.T.Rev.Nos.6/2016, 9/2016 & 10/2016** **8** ## **APPENDIX OF ST.Rev. 10/2016** ## **PETITIONER'S EXHIBITS:** ## **ANNEXURE A** **A TRUE COPY OF THE ORDER PASSED BY THE AGRICULTURAL INCOME TAX AND SALES TAX OFFICER, 1ST CIRCLE, THODUPUZHA** ## **ANNEXURE B** **A TRUE COPY OF THE COMMON ORDER PASSED BY THE DEPUTY COMMISSIONER (APPEALS), KOTTAYAM IN STRP NO. 1797/08 DATED 17.06.2009** ## **ANNEXURE C** **A TRUE COPY OF THE ORDER OF THE KERALA VALUE ADDED TAX/AGRICULTURAL INCOME TAX AND SALES TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM IN TA NOS. 139/10 TO 141/10 AND C.O. NOS. 10/10 TO 12/10 DATED 13.04.2015** ## **RESPONDENT'S EXHIBITS: NIL**