1966 (9) TMI 126 - HC - VAT and Sales Tax

Summary

Issues:
1. Scope of writ proceedings based on inference of suppressed transactions.
2. Compliance with the principle of natural justice, audi alteram Partem in assessment proceedings.
3. Consideration of detailed explanations by the assessing officer.
4. Validity of assessments for the years 1962-63, 1963-64, and provisional assessment for 1964-65.
5. Direction for reassessment in compliance with the law and principles of natural justice.

Analysis:
The High Court of Madras, in the judgment delivered by Anantanarayanan, C.J., and Ramakrishnan, J., considered the scope of writ proceedings concerning assessments primarily based on an inference of escaped or suppressed transactions of sale of soaps. The assessments were made based on circumstantial evidence from collection entries and slips kept by the firm's employee in charge of cash. The argument raised by the firm was that the inferences drawn were not supported by the evidence presented. The firm contended that all items relied upon could be explained in terms of other items in the cash accounts, refuting the existence of suppressed sales. The Court noted the importance of natural justice and observed a lack of substantial compliance with the principle of audi alteram Partem in the assessment process.

The Court highlighted that the assessing officer did not adequately consider the detailed explanations provided by the assessee regarding the entries in question. It was acknowledged that the firm's explanations were not thoroughly examined before the order of assessment was issued. The Court emphasized the significance of providing the assessee with a fair opportunity to explain the circumstances leading to the assessments, especially when they are based on circumstantial evidence. Due to the lack of proper consideration of the firm's explanations, the Court concluded that the assessments should be struck down.

The assessments under scrutiny were for the years 1962-63, 1963-64, and a provisional assessment for 1964-65. The Court directed that the writs be issued to invalidate the assessments and instructed that the detailed explanations provided by the assessee should be thoroughly reviewed and considered in a new assessment process. The reassessment was mandated to be conducted in strict compliance with the law and principles of natural justice. Additionally, the assessee was directed to withdraw the appeals pending before the Sales Tax Appellate Tribunal in light of the writs being allowed. Each party was ordered to bear their own costs in the matter.

In conclusion, the High Court of Madras upheld the importance of natural justice in assessment proceedings and emphasized the need for assessing officers to diligently consider the explanations provided by the assessee before making any determinations. The judgment underscored the requirement for assessments to be conducted in a fair and transparent manner, ensuring compliance with legal requirements and principles of natural justice.