2008 (2) TMI 826 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to Commissioner's refusal to clarify sales tax exemption certificate under section 59A of KGST Act.

Analysis:
The appellant, a medium-scale industrial unit, sought clarification on a sales tax exemption certificate for "deoiled cake and solvent extracted and refined oil" issued by the Deputy Commissioner of Commercial Taxes based on a recommendation from the financing agency. The appellant argued that the oil retains its identity with the raw material, and thus, sought clarification that the solvent-extracted and refined oil would retain the identity of specific raw materials like rice bran, coconut oil, or groundnut oil. However, the Commissioner declined to provide the clarification, stating that he lacked the authority under section 59A of the Act to clarify exemption certificates issued under specific notifications.

The court held that the Commissioner was correct in refusing to clarify the exemption certificate as section 59A only authorizes the Commissioner to clarify specific issues, none of which include sales tax exemption certificates issued under notifications. The court outlined the specific matters the Commissioner can clarify under section 59A, emphasizing that the appellant's request did not fall within these categories. Additionally, the court highlighted that the manual of sales tax exemption provides an appellate remedy against exemption certificates before the appellate committee, and the Commissioner cannot interfere in such matters under section 59A when there are appellate or revisional remedies available.

In conclusion, the court upheld the Commissioner's order and dismissed the appeal, noting that the appellant could still file an appeal against the sales tax exemption certificate before the concerned authority. The court also mentioned that if there was a delay in filing the appeal due to the pendency of the current appeal, the concerned authority should condone the delay and decide the matter on its merits. The appeal was ultimately dismissed with the aforementioned observations.