2005 (7) TMI 637 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to tax liability under rule 20C(1)(c) of the Karnataka Sales Tax Rules, 1957 based on a notification issued under section 19C of the Act.

Analysis:
The petitioner, a registered dealer under the Karnataka Sales Tax Act, 1957, claimed entitlement to tax benefits under a government notification issued under section 19C of the Act. The grievance arose due to the imposition of tax liability under rule 20C(1)(c) of the Karnataka Sales Tax Rules, 1957, on goods transferred to sub-offices, branches, or agents within the State. The petitioner contested the assessment order determining tax liability, challenging the constitutional validity of rule 20C(1)(c).

The petitioner argued that rule 20C(1)(c) should not determine tax liability unless the transfer of goods is a sale transaction. The rule specifies the procedure for granting deferred tax payment or exemption for new industries, calculating tax incentives based on the aggregate amount of tax on goods transferred by the new industrial unit. The court noted that rule 20C(1)(c) is a measure to determine the extent of concession available to the petitioner, not to impose tax liability. Any errors in computing concessions can be addressed through the appellate process.

The court emphasized that no tax liability can be imposed by a rule, especially one designed to implement concessions under section 19C of the Act. Even if the assessing authority misinterpreted the rule to the petitioner's disadvantage, it does not render the rule unconstitutional. The petitioner was advised to seek statutory remedies available under the Act instead of challenging the constitutionality of the rule. The court dismissed the writ petition, affirming the legality of rule 20C(1)(c) and directing the petitioner to pursue statutory avenues for relief.