1993 (6) TMI 238 - HC - VAT and Sales Tax

Issues Involved:
1. Jurisdiction of the Joint Commissioner to revise the assessment order under Section 22A of the Karnataka Sales Tax Act.
2. Legality of the levy of tax at 6% on the purchase turnover of raw cashewnuts.
3. Legality of the levy of tax at 6% on the sales turnover of cashew kernels.

Detailed Analysis:

Issue 1: Jurisdiction of the Joint Commissioner
The appellant contended that the Joint Commissioner lacked jurisdiction to revise the assessment order made by the assessing authority since it had merged with the Deputy Commissioner's order. The court referred to the doctrine of merger as established in AMCO Batteries Limited v. Commissioner of Commercial Taxes, where it was held that an assessment order merges with the appellate order if the former is the subject of the latter. The court noted that the Appellate Tribunal had not yet made any order, and the appeal was still pending. Therefore, the Joint Commissioner was within his rights under Section 22A to revise the order of the Deputy Commissioner read with the original assessment order. The court emphasized that the original order of assessment, though merged, still exists physically and must be read to understand the Deputy Commissioner's order. The court rejected the appellant's contention, stating that failure to consider a pertinent question renders an order erroneous, thereby invoking Section 22A if it is prejudicial to the Revenue.

Issue 2: Levy of Tax at 6% on Purchase Turnover of Raw Cashewnuts
The appellant argued that the rate of tax should be the rate prevalent on the date when the raw cashewnuts were consumed in manufacturing cashew kernels. The court clarified that under Section 6 of the Act, purchase tax is payable at the same rate as it would have been on the sale price of such goods under Section 5. The court referred to the Supreme Court's decision in Hotel Balaji v. State of Andhra Pradesh, which discarded the doctrine of taxable event and emphasized that subsequent conditions are merely conditions subsequent, not taxable events. The court also cited Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) v. Padinjarakara Agencies, where it was held that the rate of tax is determined by the date of purchase, not by subsequent events. Hence, the court rejected the appellant's contention and upheld the levy of tax at 6%.

Issue 3: Levy of Tax at 6% on Sales Turnover of Cashew Kernels
The appellant relied on a notification issued by the State Government reducing the rate of tax to 5% on cashew kernels. However, the revisional authority opined that the notification ceased to be operative with the introduction of entry 88A by Karnataka Act 7 of 1981. The court referred to the Full Bench decision in Shaw Wallace & Co. Ltd. v. State of Karnataka, which held that legislative enactments override earlier notifications by the State Government. The court noted that the legislative enactment expressed a clear intention to levy tax at 6%, thereby nullifying the earlier notification. The court dismissed the appellant's contention, stating that the legislative will is superior and overrides the State Government's notifications. The court also suggested that the appellant could seek relief from the State Government or the Commissioner if the higher tax rate caused undue hardship.

Conclusion:
The appeal was dismissed, and the court upheld the Joint Commissioner's jurisdiction to revise the assessment order, the levy of tax at 6% on the purchase turnover of raw cashewnuts, and the levy of tax at 6% on the sales turnover of cashew kernels. The court suggested that the appellant could seek relief from the State Government or the Commissioner regarding the higher tax rate.

← Previous Next →