1988 (3) TMI 429 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the impugned sales are exempt under section 6(2) of the Central Sales Tax Act.
2. Determining the appropriate State for payment of the Central sales tax - Andhra Pradesh or Gujarat.

Analysis:

Issue 1: Exemption under Section 6(2) of the Central Sales Tax Act
The assessee claimed exemption for sales under section 6(2) of the Act, stating they were transit sales. However, the claim was rejected due to defective C forms and E-I forms. The Tribunal found errors and doubts regarding the genuineness of the claim that goods were sold during transit. The Tribunal's findings were considered factual and not interfered with. The Tribunal also noted interpolations in the forms provided by the assessee, leading to the rejection of the exemption claim. The assessee later submitted revised forms, but the Tribunal did not consider them, deeming it belated. Consequently, the court upheld the rejection of the exemption claim under section 6(2) of the Act.

Issue 2: Determining the Appropriate State for Central Sales Tax Payment
The counsel argued that if Central sales tax was applicable, the State of Gujarat should be the appropriate state, not Andhra Pradesh. The Tribunal did not address this argument as it was not properly presented during the appeal. The court held that raising a ground before an appellate authority without proper argumentation is considered waived. Since there was no complaint in the revision memorandum about the Tribunal's failure to consider the argument, the court rejected the counsel's attempt to raise the issue at that stage. Consequently, the court dismissed the tax revision case without costs, emphasizing the importance of properly presenting and arguing grounds before the appellate authority.

In conclusion, the court's judgment upheld the rejection of the exemption claim under section 6(2) of the Central Sales Tax Act and dismissed the tax revision case without costs, emphasizing the importance of presenting and arguing grounds effectively before the appellate authority.