1987 (1) TMI 457 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to assessment order disallowing adjustment of taxes paid at places other than check-gates.

Analysis:
The petitioners challenged the assessment order disallowing adjustment of taxes paid by them as purchase tax at locations other than check-gates. The assessment for the year 1976-77 was completed under section 12(4) of the Orissa Sales Tax Act. Initially, a sum paid by the dealer at shandies was adjusted based on valid receipts. However, following a fraud report, a portion of the payments made at local markets and interception points were disallowed. Additionally, a payment made at a check-gate without the required certificate was also disallowed.

The dealer contended that under the Act, goods cannot be taxed at more than one point in the same series of sales or purchases. This proposition was supported by a Supreme Court decision. The court noted the absence of a specific provision for adjustment of taxes paid at locations other than check-gates. Despite this, considering the intent of the legislation to avoid multipoint taxation, the court held that the dealer should be entitled to claim adjustment for taxes paid for the same commodities at other locations, provided satisfactory proof is produced.

Regarding the payment made at the check-gate without the necessary certificate, the court held that as per the proviso to rule 36, the dealer must furnish a certificate for adjustment. Since the certificate was not provided, the disallowance of the deduction was deemed correct. The court partially allowed the petition, remitting the matter back to the assessing authority for a fresh computation of sales tax after allowing adjustments as indicated.

In conclusion, the court held that the dealer is entitled to adjustment of taxes paid at locations other than check-gates if satisfactory proof is provided. However, for payments made at check-gates, compliance with the certificate requirement is necessary for adjustment.