2000 (1) TMI 964 - AT - VAT and Sales Tax

Summary

Issues:
1. Rejection of application for registration certificate (R.C.) for concessional rate of tax.
2. Interpretation of rules regarding coverage of goods for resale in R.C.
3. Consideration of intended purchases for coverage in R.C.

Issue 1: Rejection of application for registration certificate (R.C.) for concessional rate of tax:
The applicant sought an R.C. allowing coverage of purchases for resale of goods at a concessional rate of tax. The Assistant Commissioner of Commercial Taxes rejected the application, stating that coverage in the R.C. is only permissible for goods ordinarily purchased by the dealer till the date of registration. The applicant's contention was that despite providing correct information and submitting a valid application, the R.C. did not mention coverage for goods intended for resale. The applicant's appeals in revisional forums were also unsuccessful, leading to the application before the Tribunal.

Issue 2: Interpretation of rules regarding coverage of goods for resale in R.C.:
The applicant argued that the R.C. issued did not include coverage for any goods intended for resale, as required by rule 8 of the West Bengal Sales Tax Rules, 1995. The Tribunal noted that the R.C. lacked coverage under subsections (2) and (3) of section 17, raising concerns about the utility of the certificate without such coverage. The State Representative acknowledged the unusual nature of an R.C. without coverage for concessional tax rates. The applicant's representative highlighted rule 5(1)(b) of the 1995 Rules, emphasizing that coverage may be granted for goods intended for resale. However, the respondent contended that the applicant did not specify such goods in the application forms.

Issue 3: Consideration of intended purchases for coverage in R.C.:
The Tribunal acknowledged the limitation in the application forms regarding specifying goods intended for resale. While rule 5(1)(b) required clear specification of intended purchases, the forms did not provide a space for such details. The Tribunal recognized the need to align the forms with statutory provisions to ensure dealers' entitlement to benefits under the law. Consequently, the Tribunal allowed the applicant to file an application for amending the R.C. to include coverage for intended purchases for resale. The competent authority was directed to consider such applications promptly and amend the R.C. accordingly, either prospectively or retrospectively based on the circumstances.

In conclusion, the Tribunal allowed the application, granting the applicant the opportunity to seek coverage for intended purchases for resale in the R.C. The judgment emphasized the importance of aligning statutory forms with legal provisions to ensure dealers receive entitled benefits.