2008 (9) TMI 885 - HC - VAT and Sales Tax

Submission of declaration in form F - claim for exemption of stock transfers - Held that - In view of the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, the petitioner-company is permitted to submit its declaration in form F, as requested by it before the Assistant Commissioner (CT), Central Assessment Circle-1, Coimbatore, to the third respondent, within a period of four weeks from the date of receipt of a copy of this order to substantiate the petitioner-company s claim for exemption of stock transfers, under section 6A of the Central Sales Tax Act, 1956. On receipt of the declaration in F forms, along with the relevant documents submitted by the petitioner-company, the third respondent is directed to pass appropriate assessment orders thereon, on merits and in accordance with law, within a period of four weeks thereafter.

Summary

Issues:
1. Assessment of total and taxable turnover for the assessment year 1992-93.
2. Dispute over acceptance of C forms and form F for exemption claims.
3. Appeal against the order of the Deputy Commissioner (CT) and subsequent proceedings.
4. Request for revision of assessment orders due to inability to produce form F within the stipulated time.
5. Legal limitations on the assessing authority to pass reassessment orders after the expiry of the specified period.

Analysis:
1. The petitioner, a public limited company involved in manufacturing and dealing in various products, reported a total and taxable turnover for the assessment year 1992-93. The Assessment Officer admitted the production of form F for the entire turnover and allowed the claim of exemption. However, discrepancies arose regarding consignment sales and subsequent verification, leading to a revised taxable turnover determination.

2. The petitioner appealed the assessment order before the Deputy Commissioner (CT), who upheld a higher tax rate on the balance turnover after accepting C forms for a specific amount. Subsequently, a second appeal was made to the Tamil Nadu Sales Tax Appellate Tribunal, which directed proper verification of the forms and remitted the matter back to the assessing officer for further examination.

3. Despite the petitioner's efforts to furnish necessary documents, including form F, within the stipulated time, the Tribunal dismissed the appeal regarding form F and partly remitted the issue concerning form C. The assessing authority revised the assessment based on subsequent C forms but expressed inability to intervene further due to legal limitations on reassessment orders after a specified period.

4. The petitioner's request for revision of assessment orders based on the belated submission of form F was declined by the assessing authority citing statutory limitations on passing reassessment orders beyond the prescribed timeframe. The petitioner's plea for acceptance of the belatedly submitted form F was considered by the court, leading to directions for submission and assessment within specified timelines.

5. The court permitted the petitioner to submit the declaration in form F along with relevant documents to substantiate exemption claims within a set timeframe. The assessing authority was directed to pass appropriate assessment orders based on the submissions within a specified period, thereby disposing of the writ petition without costs.