1986 (1) TMI 370 - HC - VAT and Sales Tax

Summary

Issues: Interpretation of sub-rule (14) of rule 32 of the Kerala General Sales Tax Rules regarding the submission of declarations in form 25 by registered dealers to prove they are not the last purchaser for taxable goods.

Analysis:
The judgment of the Kerala High Court, delivered by Justice P.C. Balakrishna Menon, addressed the issue of interpreting sub-rule (14) of rule 32 of the Kerala General Sales Tax Rules. The rule allows a dealer in goods taxable at the point of last purchase in the State to prove they are not the last purchaser by submitting a declaration in form 25 obtained from the subsequent buyer. If accepted, the turnover covered by the declaration is not taxable in the hands of the assessee, shifting the tax liability to the purchaser who issued the declaration (para 1).

In the case of T.R.C. No. 92 of 1983, the Appellate Tribunal ruled that the assessee was not taxable as the last purchaser based on the declaration in form 25. However, in two other cases, the Tribunal rejected the declarations due to indications that the purchaser had deducted commission from the price of the goods, leading to differing views (para 2).

The Court emphasized that the purpose of requiring such declarations is to ensure tax collection at the last purchase point and prevent tax evasion. Referring to previous judgments, the Court highlighted that once a dealer submits the required form 25 declaration from a registered dealer, the turnover covered by the declaration should not be included in the taxable turnover of the assessee (para 3).

Based on the precedents and the interpretation of the rule, the Court dismissed T.R.C. No. 92 of 1983. For T.R.C. Nos. 5 and 6 of 1986, the Court set aside the Tribunal's orders and directed a fresh assessment accepting the form 25 declarations provided by the registered dealers. Consequently, T.R.C. Nos. 5 and 6 of 1986 were allowed, with no costs imposed (para 4).