1987 (8) TMI 419 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether turnover of two separate businesses should be assessed separately under two assessment orders.
2. Whether a single assessment for aggregate turnover of two kilns belonging to the assessee is justified.
3. Whether the authorities erred in enhancing the sale rate for the assessee's business.

Analysis:
1. The primary issue in this case is whether the turnover of two distinct businesses should be assessed separately under two assessment orders. The assessee, a dealer operating brick kilns, argued that the turnover of two separate businesses should not have been clubbed together in a single assessment. The Tribunal upheld the single assessment, leading to the revision. The court examined the charging section of the U.P. Sales Tax Act, which mandates assessment based on aggregate turnover. The court rejected the argument that starting a new business during an assessment year creates a new dealer, emphasizing that as long as the dealer's identity remains unchanged, turnover from all businesses must be clubbed in a single assessment for the year. Therefore, the court upheld the Tribunal's decision of a single assessment for the assessee's two kilns.

2. The second issue pertains to the correctness of the authorities' decision to enhance the sale rate for the assessee's business. The assessing officer used a higher rate than the one provided by the assessee, resulting in an increased average rate. The appellate authority further adjusted the rate. The court found merit in the assessee's argument that the assessing officer wrongly considered a higher rate and directed the Tribunal to reevaluate the sale rate issue. The court instructed the Tribunal to determine the basis for the higher rate used in the assessment and consider the evidence presented by the assessee regarding the actual rate applied. The case was remanded to the Tribunal for a fresh decision on the sale rate, allowing the revision partly on this ground.

3. In conclusion, the court partly allowed the revision petition, upholding the single assessment for the assessee's two kilns but remanding the case to the Tribunal for reconsideration of the sale rate issue. The court emphasized the importance of assessing turnover based on the dealer's aggregate turnover and directed a fresh determination of the sale rate based on the evidence provided.