1995 (12) TMI 342 - HC - VAT and Sales Tax

Summary

Issues:
- Interpretation of section 2(r)(ii) of the Madhya Pradesh General Sales Tax Act, 1958
- Justification of the Tribunal's decision regarding deduction of tax-paid goods
- Compliance with rules for constituting a Division Bench of the Tribunal

Analysis:
The judgment of the High Court of Madhya Pradesh pertains to an application filed by an assessee under section 44(2) of the Madhya Pradesh General Sales Tax Act, 1958, raising two questions of law. The first issue revolves around whether the Tribunal was correct in denying the assessee the deduction of sales of tax-paid goods purchased from a registered dealer whose registration was subsequently canceled. The Tribunal held that the firm from which the goods were purchased was bogus and never in existence, thereby disqualifying the deduction. The applicant contended that since the registration was canceled only after the purchases were made, they should still be eligible for the deduction.

In analyzing the case, the Court referred to the definition of "tax-paid goods" under section 2(rr) of the Act, which outlines the criteria for goods purchased from a registered dealer to qualify for deduction. The Court emphasized the importance of purchases being made from a registered dealer to claim such deductions. The Court also cited a Supreme Court decision emphasizing that the question of whether an assessee loses the benefit of deductions due to purchasing goods from bogus dealers is a question of law, not fact.

Furthermore, the Court considered the second issue raised by the applicant regarding the Tribunal's departure from its earlier decisions without referring the case to the President of the Board of Revenue for constituting a Division Bench, as required by rules under the M.P. Land Revenue Code, 1959. The Court highlighted the necessity for a larger Bench to resolve conflicts among Benches of equal jurisdiction, as established in legal precedents.

Consequently, the High Court allowed the application, directing the Tribunal to state the case and refer the questions of law for the Court's opinion. The Tribunal was instructed to comply with the order within six months, with no costs imposed on either party. The judgment underscores the significance of adherence to legal procedures and the correct interpretation of statutory provisions in tax matters.