1987 (12) TMI 315 - HC - VAT and Sales Tax

Summary

Issues involved: Assessment under Punjab General Sales Tax Act and Central Sales Tax Act, acceptance of returns by Assessing Authority, claim for concessional rate of tax, non-production of C and D forms, limitation for assessment years, review application under section 41 of Haryana Act, multiple review applications, notice under section 11(2) of Punjab Act, best judgment assessment, mandatory vs. directory provisions regarding C and D forms.

Assessment Proceedings: The Assessing Authority accepted the returns submitted by the Company for the assessment years 1971-72 and 1972-73. The Company claimed a concessional rate of tax but failed to produce original C and D forms due to a fire accident. Despite multiple opportunities given by the Assessing Authority, the Company did not produce the required records. The assessments were completed under the Punjab Act and the Central Act, and the Company appealed to the Commissioner, contending that the assessments were barred by limitation.

Commissioner's Decision: The Commissioner rejected the Company's contentions, stating that the assessments were not best judgment assessments and the question of limitation did not apply. The Commissioner held that C and D forms had to be produced to claim the concessional rate of tax. The Company did not produce these forms before the Commissioner, who upheld the Assessing Authority's findings.

Tribunal's Decision: The Tribunal affirmed the decisions of the Assessing Authority and the Commissioner, emphasizing that the Company had sufficient opportunities to produce the required records but failed to do so. The Tribunal concluded that the Company was not entitled to the concessional rate of tax under both the Punjab Act and the Central Act.

Review Applications: The Company filed review applications under section 41 of the Haryana Act, alleging no new evidence or important matters. The Tribunal dismissed both review applications, stating that the legislation did not intend for unlimited review applications to be filed.

Writ Petition: The Company filed a writ petition challenging the assessment for the year 1971-72. The Court held that there was no duty on the Assessing Authority to issue notice for collecting C and D forms when returns were accepted. The Court noted that the assessments were not based on best judgment and no turnover was added or subtracted. The mandatory requirement of producing C and D forms for concessional rate of tax was upheld, and since the Company failed to produce these forms at any stage, the Court dismissed the writ petition.