2006 (11) TMI 594 - HC - VAT and Sales Tax

Summary

Issues:
Assessment under Central Sales Tax Act, 1956 for the years 1998-99 and 1999-2000.

Analysis:
The petitioner, a dealer in lime shell, was assessed for inter-State sales of lime shell for the years 1998-99 and 1999-2000. The assessing authority found discrepancies in the petitioner's returns, revealing suppressed inter-State sales and undervalued bills. The authority estimated the inter-State sales at 240 lorry loads for 1998-99 and 144 lorry loads for 1999-2000, fixing the sale price per load at different values. The petitioner challenged the assessments, leading to appeals and modifications by the Appellate Assistant Commissioner and the Sales Tax Appellate Tribunal.

For the assessment year 1998-99, the petitioner contested the estimation of value and the number of lorry loads sold, arguing that such consistent sales throughout the year were improbable. However, the Tribunal upheld the assessment based on the detected sales and maintained the value per load at Rs. 5,000. In contrast, for the assessment year 1999-2000, the Tribunal reduced the estimated lorry loads to 84 and revised the value to Rs. 3,500 per load, considering the petitioner's claim of no business during a specific period.

The High Court found merit in the petitioner's challenge for the assessment year 1998-99, agreeing that the value adopted for 1999-2000 should also apply for 1998-99. Therefore, Sales Tax Revision No. 301 of 2004 was allowed in part, directing the assessment to be modified by adopting the value of Rs. 3,500 per load for inter-State sales of lime shell, consistent with the subsequent year. Conversely, Sales Tax Revision No. 311 of 2005 was dismissed as the Tribunal's decision for the assessment year 1999-2000 was deemed justified, lacking valid contentions from the petitioner.