1995 (12) TMI 346 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of entry tax on goods sold and consumed in local and outside areas; Correctness of assessment orders; Revisional authority's jurisdiction to revise assessments.

Analysis:
The judgment involved seven appeals challenging an order by the Deputy Commissioner, Commercial Taxes, related to assessments of a firm dealing in beedies for the years 1980-81 and 1986-87. The firm received beedies from a manufacturer and stored them at a depot outside the local area. The assessing authority categorized goods sold within the local area and exempted goods sold or consumed outside that area from tax. The revisional authority issued a notice questioning the assessments, leading to the appeals.

The principal contention was the incidence of consumption of goods. The appellants argued that if goods were physically demonstrated to be resold and consumed outside the local area, no entry tax should be levied. They relied on legal precedents supporting this argument. The revisional authority, however, concluded that all beedies received by the firm were liable to tax within the local area, disregarding the physical movement and consumption outside the local area.

The Court analyzed the factual aspect and found that the assessing authority had accepted the correctness of the goods not sold or consumed within the local area. The revisional authority failed to dispute these facts, rendering his decision erroneous. The law required determining where the ultimate consumption of goods took place. The Court upheld the earlier assessment orders, exempting the sector of goods sold and consumed outside the local area from the entry tax.

In conclusion, the set of appeals succeeded, and the revisional authority's order was quashed. The Court held that the firm was not liable to pay the additional tax burden. The Court also directed the department to adjust the amount deposited by the appellants against future tax dues, as it was deemed not due from them.