1967 (6) TMI 36 - HC - VAT and Sales Tax

Issues Involved:
1. Propriety in rejecting the C Form declarations relating to the two sales for a total consideration of Rs. 9,126.
2. Propriety of the Appellate Assistant Commissioner declining to receive additional documents filed to rectify the defects found for the first time by the Appellate Assistant Commissioner in the relative C Forms.

Detailed Analysis:

1. Propriety in rejecting the C Form declarations relating to the two sales for a total consideration of Rs. 9,126:

The assessee disputed the tax on five items of turnover, particularly focusing on two sales made to a purchaser in Kerala, which were taxed at a higher rate of seven percent due to issues with the C Form declarations. The assessee initially filed a single declaration for the two sales, which was not in compliance with the proviso to rule 10(1) of the Central Sales Tax (Madras) Rules, 1957. Upon being informed, the assessee obtained fresh but separate declarations and tendered them before the assessment was completed. However, the assessing authority declined to accept these fresh declarations on the grounds that they were not filed along with the monthly returns as required by rule 5(1) and that no discretion was vested to condone the delay.

The judgment referenced the Supreme Court's decision, which clarified that the phrase "in the prescribed manner" in section 8(4) does not include a time element, thereby invalidating the time-limit prescribed by rule 5(1). The Court held that the declarations, being filed before the assessment order, should be considered within a reasonable time. Consequently, the rejection of the fresh declarations by the revenue and the Tribunal was deemed improper. The Supreme Court's affirmation that the proviso to rule 10(1) could not apply to a dealer in Kerala further supported the assessee's position, leading to the conclusion that the turnover of Rs. 9,126 should be taxed at the lower rate of one percent.

2. Propriety of the Appellate Assistant Commissioner declining to receive additional documents filed to rectify the defects found for the first time by the Appellate Assistant Commissioner in the relative C Forms:

The Appellate Assistant Commissioner found defects in the C Forms related to three items of turnover totaling Rs. 48,681.08, specifically the absence of registration numbers and dates of registration of the out-of-State purchasing dealers. The assessee provided original letters from the buyers showing the dates of registration and explained discrepancies in the figures. However, the Appellate Assistant Commissioner refused to accept these additional documents, citing a lack of power to condone the delay.

The Court noted that the defects were discovered for the first time at the appellate stage, and the appellate authority was bound to give the assessee an opportunity to rectify the defects. The Appellate Assistant Commissioner had indeed given such an opportunity but then declined to accept the rectified C Forms. The Court emphasized that an appeal is an extension of the original jurisdiction, and principles of natural justice require that the dealer be given a chance to correct defects within a reasonable time. The Court concluded that the fresh particulars should have been accepted, and the original order applying the lower rate of tax should have been confirmed.

Judgment:

The petitions were allowed, and the appeals were remanded to the Tribunal for fresh disposal in accordance with the judgment. The petitioner was entitled to costs, with counsel's fee set at Rs. 100. The Court also addressed T.C. No. 9 of 1964, which was covered by the judgment in T.C. No. 8 of 1964, and similarly allowed the petition, remanding the appeal to the Tribunal for fresh disposal in accordance with the law. No order as to costs was made for T.C. No. 9 of 1964.

← Previous Next →