1998 (11) TMI 632 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Levy of interest u/s 47(4-A) of the Gujarat Sales Tax Act, 1969.
2. Interpretation of the Gujarat Sales Tax Act in light of Supreme Court judgments.

Summary:

1. Levy of interest u/s 47(4-A) of the Gujarat Sales Tax Act, 1969:

The Gujarat Sales Tax Tribunal confirmed the levy of interest on the assessee, M/s. Brooke Bond India Ltd., under section 47(4-A) of the Gujarat Sales Tax Act, 1969, for the period from July 1, 1980, to July 30, 1981. The assessee had claimed exemption from purchase tax on chicory roots purchased from unregistered agriculturists, based on a previous Tribunal decision. However, the assessing officer rejected this claim following a change in the Tribunal's stance and levied additional tax, which the assessee paid within the specified time. The Assistant Commissioner of Sales Tax later initiated revision proceedings to levy interest on the additional tax from the date of filing the returns, amounting to Rs. 2,85,490.15, which the Tribunal upheld.

2. Interpretation of the Gujarat Sales Tax Act in light of Supreme Court judgments:

The Tribunal relied on the Supreme Court's decision in Associated Cement Co. Ltd. v. Commercial Tax Officer [1981] 48 STC 466. The assessee argued that this decision had been overruled by the Supreme Court in J.K. Synthetics Ltd. v. Commercial Tax Officer [1994] 94 STC 422. The court examined the provisions of section 47 of the Gujarat Sales Tax Act, which outlines the payment of tax and the consequences of non-payment. It concluded that the liability to pay tax until the filing of the return is based on the assessee's self-assessment and not on the final assessment. Sub-section (4) deals with the obligation to pay tax after the filing of the return, and sub-section (4-A) imposes interest for non-payment of tax within the prescribed time.

The court held that interest liability under sub-section (4-A) arises only if the tax is not paid within the time allowed under sub-sections (1), (2), (3), or (4). The court found that the assessee had paid the tax as per the return within the time allowed and also paid the additional tax on assessment by the date specified in the notice of demand. Therefore, the assessee was not liable to pay interest on the assessed tax by treating it as the tax payable on the return.

Conclusion:

The Tribunal erred in confirming the levy of interest under section 47(4-A) of the Gujarat Sales Tax Act. The assessee had paid the tax as per the return and the additional tax on assessment within the specified time, and thus, the liability to pay interest did not arise. The reference was answered in the affirmative, and there were no orders as to costs.