1996 (8) TMI 493 - HC - VAT and Sales Tax

Summary

Issues:
1. Exemption granted under section 6-A of the APGST Act and examination under section 6(2) of the CST Act.
2. Mandatory filing of "C" form for exemption under section 6(2) of the CST Act.

Detailed Analysis:
1. The case involved the petitioner, a business dealing in paddy and rice, seeking exemption under section 6-A of the APGST Act. The Deputy Commissioner proposed to revise the assessment, withdraw the exemption, and tax the exempted turnover. The petitioner contended that the exemption was granted under the APGST Act but was examined under the CST Act by the authorities. However, the Court held that as the petitioner did not raise this point before the authorities earlier, it could not be raised for the first time in the revision.
2. The petitioner argued that even if the exemption was granted under section 6(2) of the CST Act, filing of the "C" form was not mandatory for claiming exemption. The Court disagreed, citing the provisions of section 6(2) of the CST Act, which clearly outlined the mandatory requirements for claiming exemption. The Court emphasized that to claim exemption, the dealer must furnish the original Form E-1 received from the selling dealer and form "C" or "D" obtained from the buyer in the inter-State sale. Failure to comply with these requirements would result in the dealer not being entitled to exemption.

Additional Analysis:
The Court referred to rule 12 of the CST Rules, which specified the procedure for claiming exemption under section 6(2) of the CST Act. It highlighted that the rule mandates the furnishing of specific forms to claim exemption on subsequent sales in inter-State trade. The Court also cited previous judgments by the High Court, emphasizing the mandatory nature of filing the required forms for exemption. Despite the petitioner citing a judgment from the Madhya Pradesh High Court to support their contention on the non-mandatory nature of filing the "C" form, the Court relied on its own precedents to dismiss the argument. The Court reiterated that the statutory requirements for claiming exemption must be strictly adhered to, as outlined in the relevant provisions of the CST Act and Rules.

In conclusion, the Court found no merit in the Tax Revision Case (T.R.C.) and dismissed it with costs, upholding the mandatory nature of filing the necessary forms for claiming exemption under section 6(2) of the CST Act.