1988 (2) TMI 446 - HC - VAT and Sales Tax

Summary

Issues:
- Petition for writ of certiorari to quash assessment order denying set-off benefit
- Interpretation of notifications G.O. Ms. No. 498 and G.O. Ms. No. 1194
- Entitlement to set-off tax paid on purchases of scrap between specific dates
- Direction to appellate authority to scrutinize and allow set-off

Analysis:
The petitioner, a re-rolling mill, filed a petition seeking a writ of certiorari to quash an assessment order denying the benefit of set-off claimed. The petitioner buys iron and steel scrap to manufacture re-rolled finished products, declared goods under the Central Sales Tax Act. The dispute arose due to conflicting notifications: G.O. Ms. No. 498 and G.O. Ms. No. 1194. G.O. Ms. No. 498 provided for a reduction in tax on finished products manufactured from scrap, while G.O. Ms. No. 1194 exempted sales of scrap from tax with retrospective effect from 1st April, 1984. The petitioner claimed set-off for tax paid on scrap purchases between 1st April, 1984, and 20th July, 1984, despite the tax exemption coming into effect on 20th July, 1984, as the notification was not public until then.

The assessing authority rejected the set-off claim, stating that all scrap purchases were tax-exempt. However, the court held that if the petitioner paid tax on scrap purchases between 1st April, 1984, and 20th July, 1984, before the exemption notification was known, they were entitled to set-off that amount against tax on finished product sales. The court directed the petitioner to provide full details to the appellate authority for consideration in the pending appeal. The appellate authority was instructed to review the claim based on records and allow appropriate set-off for tax paid on scrap purchases within the specified period. Notably, tax paid on scrap purchases until 31st March, 1984, was deemed allowable under G.O. Ms. No. 498.

In conclusion, the writ petition was granted in favor of the petitioner, with no costs imposed, and the appellate authority was directed to assess and permit the set-off accordingly.