1990 (10) TMI 335 - HC - VAT and Sales Tax

Summary

Issues:
1. Error in the order of the appellate authority
2. Prejudice caused to the Revenue by the appellate order

Analysis:
The case involved an appeal against the order of the Commissioner of Commercial Taxes in Karnataka, Bangalore, regarding the assessment of turnover for the year 1981-82. The assessee claimed exemption for the sale of lime and charcoal, with a specific exemption claimed for charcoal sales. The assessing authority treated the sale of lime as a chemical falling under a specific entry, resulting in a higher tax rate. The appellate authority, after examining the records, concluded that the sale of "lime mortar" to builders should be taxed under a different section at a lower rate. The Commissioner, however, set aside the appellate order, stating that the sale of lime mortar should be taxed at a higher rate under a specific entry.

The main issues for consideration were whether there was an error in the appellate authority's order and whether any prejudice was caused to the Revenue. The Court noted that the clarification issued by the Commissioner regarding the tax rate payable for goods was binding on all officers, including the assessee. The appellate authority was obligated to follow this clarification, leading to a lower tax rate for the assessee. The Court highlighted the provisions of Section 3-A of the Act, emphasizing the importance of following administrative instructions and clarifications issued by the Commissioner.

The Court found that the Commissioner had wrongly assumed jurisdiction under a specific section of the Act and had erred in setting aside the appellate order. It was determined that as long as the sale was in favor of a builder, the tax should be levied according to the clarification issued, resulting in a lower tax rate. Therefore, no prejudice had been caused to the Revenue, and the Commissioner's order was deemed to be without jurisdiction. Consequently, the Court quashed the Commissioner's order and restored the appellate order, allowing the appeal in favor of the assessee.