2003 (10) TMI 629 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the amount of freight deducted in bills should be considered part of the turnover under the Central Sales Tax Act, 1956.
2. Whether the Tribunal was justified in accepting the books of account for the assessment year 1987-88 despite incriminating evidence revealing suppressed sales.

Issue 1 Analysis:
The revisions were against the Tribunal's order related to assessment years under the Central Sales Tax Act and U.P. Sales Tax Act. The main dispute was whether the amount of freight deducted from bills should be part of the taxable turnover. The assessing authority included the freight amount in turnover, but the Tribunal ruled otherwise. The Tribunal found that the seller's responsibility ended upon handing over goods to carriers, and the freight was to be paid by the purchaser. As the freight was not paid by customers, it was concluded that it should not be part of the turnover. The Tribunal cited relevant legal precedents to support its decision. The High Court upheld the Tribunal's decision, stating that there was no error in the Tribunal's view.

Issue 2 Analysis:
Regarding the books of account for the assessment year 1987-88, the assessing authority had rejected them, leading to enhanced turnover. However, the first appellate authority accepted the books, which was upheld by the Tribunal. The Commissioner of Sales Tax appealed against this decision. The Tribunal found that adverse inference drawn from a specific chalan was erroneous, as the necessary entries were made in the books of account. The High Court agreed with the Tribunal's findings, stating that they were factual and required no interference. Consequently, all revisions were dismissed.

In conclusion, the High Court upheld the Tribunal's decision regarding both issues, ruling that the amount of freight deducted in bills should not be considered part of the turnover and that the Tribunal was justified in accepting the books of account despite the presence of incriminating evidence.