1979 (12) TMI 143 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Liability to sales tax on the purchase turnover of raw hides and skins and sales turnover of dressed hides and skins.
2. Jurisdiction of the Tribunal to entertain enhancement petitions filed by the State.
3. Scope of the Tribunal's power to enhance assessments.

Issue-wise Detailed Analysis:

1. Liability to Sales Tax on the Purchase Turnover of Raw Hides and Skins and Sales Turnover of Dressed Hides and Skins:
The central issue in these tax revision cases pertains to the liability to sales tax on the purchase turnover of raw hides and skins and the sales turnover of dressed hides and skins under items 7(a) and 7(b) of the Second Schedule to the Tamil Nadu General Sales Tax Act, 1959. The Tribunal had dismissed the enhancement petitions filed by the State, relying on the decisions in State of Madras v. Spencer and Company Limited and State of Tamil Nadu v. K.R. and P. Shanmugavel Nadar. The Tribunal held that it had no jurisdiction to entertain the enhancement petitions since such contentions were not raised before the Appellate Assistant Commissioner. However, the High Court referred to the Supreme Court's decision in V. Guruviah Naidu and Sons v. State of Tamil Nadu, which clarified that the assessing officer should have taxed the purchase turnover under item 7(a) and the sales turnover of the first sale of dressed hides and skins under item 7(b). The High Court concluded that the Tribunal's reliance on the previous decisions was misplaced and that the enhancement petitions were maintainable.

2. Jurisdiction of the Tribunal to Entertain Enhancement Petitions Filed by the State:
The Tribunal had dismissed the enhancement petitions in two cases on the grounds of jurisdiction, stating that such petitions were not maintainable since the contentions were not raised before the Appellate Assistant Commissioner. The High Court examined the relevant provisions of the Tamil Nadu General Sales Tax Act, including sections 31 and 36, which deal with the powers of the Appellate Assistant Commissioner and the Tribunal, respectively. The High Court emphasized that the language of section 36(3) is broad and allows the Tribunal to confirm, reduce, enhance, or annul the assessment or penalty. The High Court clarified that the Tribunal has the power to entertain enhancement petitions filed by the State, even if such contentions were not raised before the Appellate Assistant Commissioner.

3. Scope of the Tribunal's Power to Enhance Assessments:
The High Court discussed the scope of the Tribunal's power to enhance assessments, referring to the decision in T.V. Sundaram Iyengar & Sons (P.) Ltd. v. State of Madras, which upheld the power of the Appellate Assistant Commissioner to enhance assessments in appeals preferred by the assessee. The High Court noted that the language of section 36(3) is similar to section 31(3) and provides the Tribunal with the authority to enhance assessments. The High Court rejected the argument that the Tribunal's power to enhance should be limited to the subject matter of the appeal before it, emphasizing that the Tribunal can review the entire assessment and make necessary adjustments. The High Court concluded that the Tribunal erred in dismissing the enhancement petitions on the grounds of jurisdiction and maintainability.

Conclusion:
The High Court allowed the tax revision cases, set aside the Tribunal's orders dismissing the enhancement petitions, and remitted the enhancement petitions to the Tribunal for fresh disposal in accordance with the law. The High Court clarified that the Tribunal has the jurisdiction and power to entertain enhancement petitions filed by the State and to enhance assessments in appeals preferred by the assessee.