2008 (2) TMI 844 - HC - VAT and Sales Tax

Whether, on the facts and in the circumstances of the case, the Tribunal is legally justified in holding that the purchases of ₹ 6,09,927.15 was made by the applicant on its own account and the movement of goods through outside the State of U.P. was in the course of inter-State sales? Whether the view of the Tribunals despatching the purchases of foodgrains for ₹ 6,09,927.15 on behalf of the ex-U.P. principals is based on relevant material and is legally justified? Held that - The fact that the dealer had maintained register separately and had recorded the expenses in the purchases made on commission basis clearly showed the intention of the dealer that they had been made for other principals. In the stock register and in the other register, the dealer had entered the name of the parties for whom purchases had been made. Forms VIR and the IXR would have been relevant to determine as to whether at the time of purchases they were made either by the dealer for his own account or for other principals but this has not been examined either by the assessing officer or by the Tribunal. Thus find that the Tribunal has also not examined the record in true perspective and has simply disbelieved the version of the dealer without any proper justification. As the matter is almost 20 years old, it would be in the interest of neither the dealer nor State to remand the matter back for reconsideration and pass fresh order based upon the relevant material on record. It is quite possible even the material may not be available with the authorities and thus it would be difficult to make necessary verification. Thus, the best finding which is recorded by the appellate authority is being accepted. The revision is accordingly allowed. The impugned order passed by the Tribunal is set aside and that of the appellate authority is maintained. Consequential order as may be necessary may be passed by the Tribunal in accordance with law

Summary

Issues involved:
1. Interpretation of trade tax laws regarding inter-State sales.
2. Assessment of purchases made by a dealer for ex-U.P. principals.
3. Evaluation of evidence and documents presented in the case.

Issue 1: The main issue in this case revolves around the interpretation of trade tax laws concerning inter-State sales. The dealer, engaged in the business of foodgrains and oil-seeds, faced a dispute regarding purchases made for ex-U.P. principals, which were deemed as inter-State sales by the assessing authority. The appellate authority, however, found discrepancies in the assessment, noting that the dealer maintained separate registers for purchases made on commission basis and for its own account, leading to the conclusion that the purchases were not inter-State sales under the Central Act. The Tribunal, particularly the third member, overturned the appellate authority's decision without detailed analysis of the material on record, raising concerns about the lack of proper justification for disbelieving the dealer's version.

Issue 2: Another significant issue in the judgment pertains to the assessment of purchases made by the dealer for ex-U.P. principals. The assessing authority initially treated these purchases as inter-State sales, resulting in a tax demand. However, the appellate authority delved into the evidence presented, such as stock registers and dispatch details, to establish that the purchases were made on commission basis and not for the dealer's own account. The Tribunal's failure to thoroughly consider the account books and relevant documents, like Forms VIR and IXR, led to a lack of proper examination of the dealer's intent and the nature of the purchases, ultimately resulting in a decision that lacked proper justification.

Issue 3: The evaluation of evidence and documents in this case played a crucial role in determining the outcome. The appellate authority extensively reviewed the dealer's account books and registers to differentiate between purchases made for the dealer's account and those made on commission basis for ex-U.P. principals. The Tribunal's oversight in not examining vital documents like Forms VIR and IXR, which could have clarified the nature of the purchases, raised concerns about the thoroughness of the assessment process. Despite the age of the case, the High Court decided to uphold the appellate authority's findings, emphasizing the importance of considering all relevant material on record for a just decision.