1993 (6) TMI 235 - HC - VAT and Sales Tax

Summary

Issues:
Assessment years 1978-79 and 1979-80 - Best judgment assessments - Non-production of books of accounts - Rejection of first appeals for non-payment of admitted tax - Details of tax paid by cheques disputed - Appellate Tribunal's order vague and misleading - Lack of proper verification of payments - Direction to Appellate Tribunal to reconsider the matter.

Analysis:
The judgment pertains to the assessment years 1978-79 and 1979-80, where best judgment assessments were made against the assessee due to non-production of books of accounts. The first appeals filed by the assessee against these assessments were rejected by the Appellate Assistant Commissioner for non-payment of admitted tax. Subsequently, the assessee appealed to the Sales Tax Appellate Tribunal, challenging the common order of the Appellate Assistant Commissioner for both years. The Appellate Tribunal upheld the decision of the first appellate authority, citing non-entertainment of appeals due to insufficient payment of admitted tax.

During the proceedings, the revision-petitioner presented details of tax payments made by cheques for the assessment years in question. Discrepancies arose regarding the total tax paid as per the annexures provided by the assessee compared to the amounts acknowledged by the Appellate Tribunal in its order. The Court noted that the payments shown in the annexures exceeded the admitted tax due for both years and were supported by cheque payment evidence. However, the Court expressed concerns over the lack of proper verification of these payments and the discrepancy highlighted in the Appellate Tribunal's order regarding the total amounts paid.

The Court criticized the Appellate Tribunal's order as vague, misleading, and lacking specific details regarding the payments made by the assessee. It deemed the order to be erroneous in law and directed the Appellate Tribunal to reexamine the matter considering the annexures provided by the assessee. Consequently, the Court set aside the Appellate Tribunal's common order for the years in question and instructed the Tribunal to reinstate the appeals for fresh adjudication in accordance with the law. The Government Pleader was tasked with forwarding the details from the annexures to the Appellate Tribunal for proper review and decision-making.

In conclusion, the tax revision cases were allowed, and the petitions were granted in favor of the assessee, emphasizing the need for a thorough reevaluation of the tax payments and a fair consideration of the case by the Appellate Tribunal.