2000 (2) TMI 815 - HC - VAT and Sales Tax

Summary

Issues:
1. Discrepancy in tax assessment for the year 1993-94.
2. Treatment of closing balance as sold stock.
3. Utilization of forms XXXI and forms C.

Issue 1: The assessment for the year 1993-94 revealed a discrepancy where the assessee disclosed a closing balance of Rs. 2,40,079 and claimed exemption for a portion of the turnover. The assessing authority initially imposed a tax liability of Rs. 2,00,000 on a taxable turnover of Rs. 20,00,000. Subsequent appeals led to a reduction in taxable turnover to Rs. 7,00,000 with a tax liability of Rs. 70,000. The revisionist challenged this order, arguing that the closing balance from 1993-94 was accepted as the opening balance for 1994-95, thus should not be considered as sold in 1993-94.

Issue 2: The contention regarding the treatment of the closing balance as sold stock in 1993-94 was based on the fact that the assessing authority had accepted the same as the opening balance for the following year. The court agreed that this closing balance of Rs. 2,40,079 should not be deemed as sold in 1993-94, leading to a modification of the Tribunal's order.

Issue 3: Another point of contention was the utilization of forms XXXI and forms C by the dealer. The dealer failed to establish that these forms were not utilized, and the burden of proof was on the dealer to demonstrate non-utilization. Despite claims of returning the forms to the department, there was insufficient evidence to support this, leading to the rejection of this contention. The court found no merit in the argument that the forms were not utilized and returned, thus upholding the decision on this issue.

In conclusion, the revision was partly allowed, reducing the taxable turnover by Rs. 2,40,079 and adjusting the tax liability accordingly. The court upheld the decision on the utilization of forms and the treatment of the closing balance, emphasizing the importance of providing evidence to support claims in tax assessments.