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2006 (7) TMI 610 - HC - VAT and Sales Tax
Issues:
Assessment of tax under Central Sales Tax Act, 1956 on goods despatched outside the State of U.P. for sale on consignment basis without proper evidence. Analysis: The case involved a revision under section 11 of the U.P. Trade Tax Act, 1948 against an order of the Tribunal related to the assessment year 1983-84 under the Central Sales Tax Act, 1956. The dealer, engaged in the business of foodgrains and pulses, claimed to have despatched goods outside the State of U.P. to a consignment agent for sale. However, the assessing authority levied tax on these transactions as inter-State sales due to the lack of evidence supporting the claim. The first appellate authority upheld the assessing authority's decision, but the Tribunal sided with the dealer, accepting the claim that the goods were sent on consignment basis. During the proceedings, the burden of proof was a crucial point of contention. The learned Standing Counsel argued that under section 6-A of the Central Sales Tax Act, the burden lies on the dealer to prove that the movement of goods was not in pursuance of a prior contract of sale in the course of inter-State trade. It was highlighted that no concrete evidence was presented by the dealer to support their claim, and the Tribunal erred in accepting the assertion without proper substantiation. The absence of evidence, both during the assessment and subsequent stages, was a significant factor in the decision-making process. Ultimately, the High Court partially allowed the revision, setting aside the Tribunal's decision to delete the tax on the amount of Rs. 5,35,171. The Tribunal was directed to pass an order under section 11(8) of the Act, emphasizing the importance of providing substantial evidence to support claims regarding the nature of transactions under the Central Sales Tax Act. The judgment underscored the necessity of meeting the burden of proof requirements stipulated by the relevant legislation to avoid erroneous conclusions and ensure fair and accurate tax assessments.
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