1996 (7) TMI 498 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment based on inspection report of Enforcement Wing officers.
2. Dispute over the sale of condemned buses as scrap.
3. Surrender of registration certificates for sold vehicles.
4. Tax levy on the sale of bus bodies.
5. Validity of Tribunal's order.

Detailed Analysis:
1. The judgment involves five tax revision cases challenging a common order of the Tamil Nadu Sales Tax Appellate Tribunal. The cases concern the assessment years 1981-82 to 1985-86, where the assessing officer revised the assessment based on an inspection report by Enforcement Wing officers. The petitioners, transport corporations, contested the revised assessment before the Appellate Assistant Commissioner, claiming that the buses had been broken and sold as scrap. However, this plea was not accepted as the vehicles were sold as a single unit without specifying the weight of the alleged scrap. The Tribunal upheld the assessment, noting contradictions in the assessee's statements to authorities. The petitioners now seek revision of the Tribunal's decision.

2. The petitioners argued that approaching registering authorities for canceling registration certificates indicated that the buses were sold as scrap without registration. However, the Tribunal found that the assessee failed to produce the registration certificates during assessment or subsequently, raising doubts about the vehicles' condition at the time of sale. The delay in surrendering the certificates until 1988, despite selling the vehicles earlier, undermined the claim that the buses were sold without registration. The Tribunal's factual findings on lack of evidence supporting the scrap sale were upheld, justifying no interference.

3. The petitioners contended that since the bus bodies had already been taxed at 15% during the initial sale in the state, imposing a 15% tax on the subsequent sale was impermissible. However, it was clarified that the corporation had built the bodies themselves after purchasing chassis, which had not been taxed previously. The Tribunal's observation that the bodies had not incurred any tax was deemed valid, dismissing the petitioners' argument on tax levy.

4. Upon reviewing the entire matter, the Court found the Tribunal's order well-founded, supported by substantial evidence and logical reasoning. No grounds for interference were established, leading to the dismissal of the revisions. The judgment affirms the Tribunal's decision based on the available record and reasoning, concluding that the revisions lack merit and are consequently rejected.