2003 (4) TMI 550 - HC - VAT and Sales Tax

Summary

Issues:
Assessment years 1979-80 and 1978-79 under section 21 of the U.P. Sales Tax Act, 1948.

Analysis:
The revisions pertain to assessment years 1979-80 and 1978-79 under section 21 of the U.P. Sales Tax Act, 1948. The dealer in question deals with non-ferrous metal sheets and circles. Notices were issued for taxing turnover at a higher rate due to sales made to certain customers without proper certification for the manufacture of brassware. The Deputy Commissioner set aside the assessing officer's decision, leading to higher tax imposition. The Tribunal, in Second Appeals, overturned the Deputy Commissioner's order based on a circular issued by the Commissioner of Sales Tax and previous Tribunal orders.

The learned Standing Counsel cited a judgment where the interpretation of a notification was crucial in determining tax liability. The circular issued by the Commissioner of Sales Tax in 1988 was a focal point in the case. The circular aimed to ease the burden of proving the purpose of sale for the dealer. The court referred to various judgments, including a Supreme Court decision, emphasizing the binding nature of such circulars on tax authorities. The circular was issued in consultation with the Law Department, considering practical difficulties faced by selling dealers.

Regarding the retrospective application of the circular, the court held that it should benefit the assessee if issued during the appeal process, as seen in previous judgments. The circular, being benevolent, removed the burden initially imposed on the assessee. Additionally, the Tribunal's previous orders in favor of the dealer for other assessment years were highlighted, indicating consistency in decisions.

In conclusion, the court dismissed the revisions, stating that they lacked merit based on the detailed analysis of the circular's relevance, legal precedents, and consistency in Tribunal decisions. The judgment emphasized the importance of administrative circulars, their binding nature, and their role in easing procedural burdens on taxpayers.