2005 (11) TMI 441 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of check-post entries for determining inter-State sales tax liability.

Analysis:
The High Court judgment pertains to a revision petition where the Tax Board rejected the Revenue's appeal, upholding the order of the Deputy Commissioner (Appeals). The issue at hand was whether the sales in question could be considered inter-State sales exigible to Central sales tax based solely on entries in the check-post record showing the movement of goods from the assessee to other parties outside the State.

Both appellate courts unanimously held that the assessing authority failed to provide any material establishing taxable inter-State sales by the respondent-assessee. The assessing authority deemed the movement of goods as inter-State sales solely because the assessee did not produce books of account during assessment proceedings to rebut the allegations based on check-post entries.

The judgment emphasizes that the burden of proof lies with the Revenue to establish taxable sales before imposing tax. Since the assessing authority did not discharge this burden and failed to gather material from other sources to prove inter-State sales, the appellate authorities were correct in ruling that the movement of goods could not be taxed as inter-State sales in the hands of the assessee.

The Court highlighted that even if the assessee did not produce books of account, the assessing authority could have obtained evidence from alternative sources like purchasing dealers at the destination station. However, as no such efforts were made by the assessing authority, the taxable inter-State sales could not be established.

Consequently, the Court found no error in the appellate orders, as the assessing authority failed to provide any material to prove taxable inter-State sales by the respondent-assessee. As a result, the revision petition was dismissed, affirming the decision that the sales in question could not be taxed as inter-State sales due to lack of evidence.