1999 (11) TMI 856 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to Karnataka Appellate Tribunal's order regarding assessment year 1991-92; Consideration of value in debit note for inter-State transfer of goods; Justification of granting time to produce "C" forms.

Analysis:

1. The petitioner challenged the Karnataka Appellate Tribunal's order, arguing that the Tribunal erred in considering the value of the debit note for the transfer of goods between states. The petitioner contended that the real value should be based on the invoice issued from the other state. The Court noted that the debit note was an internal accounting adjustment between the petitioner's units in Bangalore and Trichy. The transactions were treated as inter-State sales from Bangalore, not Trichy. The value shown in the invoice should be considered for assessment purposes, and the petitioner must prove the actual amount received for goods sent from Bangalore based on the invoice issued by the Trichy unit. The assessing authority was directed to examine the matter further.

2. Another contention raised was regarding the Tribunal granting three months' time to produce "C" forms. The petitioner claimed that "C" forms had already been submitted to the Trichy authorities. Referring to a Supreme Court judgment, the Court discussed the lawful levy and collection of taxes in inter-State transactions. It was emphasized that tax should be levied by the Government of India and collected by the State from where the movement of goods commenced. The benefit of concessional tax rates can only be claimed upon furnishing valid "C" forms to the appropriate authority. If "C" forms were submitted to an authority lacking jurisdiction, they should be returned or sent to the relevant assessing authority. The Court clarified that there should not be two assessments under the Central Sales Tax Act for the same transaction based on the furnishing or non-furnishing of "C" forms. The petitioner was directed to provide a copy of the assessment order from the State where "C" forms were submitted for verification by the assessing authority.

3. In concluding the judgment, the Court noted that as the Trichy authorities were not party to the revision petition, no directions were issued to them. The petitioner was advised to take legal action against the Trichy authorities as permitted by law. The revision petition was disposed of with the above observations, allowing the petitioner to pursue further legal actions if necessary.