2009 (6) TMI 929 - AAAR - VAT and Sales Tax

Summary

Issues Involved:
1. Classification of transactions as stock transfers or inter-State sales.
2. Validity of best-judgment assessment.
3. Compliance with procedural requirements by appellate authorities.

Detailed Analysis:

1. Classification of Transactions as Stock Transfers or Inter-State Sales:
The primary issue is whether the chassis sent against "F" forms from the manufacturing unit at Jamshedpur to various RSOs are stock transfers as claimed by the appellant or inter-State sales as held by the assessing officer. The assessing authority disallowed the claim of stock transfers, asserting that the movement of chassis from Jamshedpur was in fulfillment of contracts of sale entered into between the RSOs and institutional buyers. The assessing officer noted that specific models were manufactured and dispatched from Jamshedpur based on purchase orders received and accepted by the appellant, suggesting a direct link between the movement of goods and pre-existing contracts of sale. The appellant, however, contended that the production and movement of goods were based on market projections and estimates, not specific orders, and the goods were not appropriated to any particular purchase order at the time of movement.

2. Validity of Best-Judgment Assessment:
The assessing officer resorted to best-judgment assessment by subjecting 15% of the stock transfers to CST assessment, treating them as direct inter-State sales from Jamshedpur. This was due to the non-furnishing of sales statements by some RSOs. The appellant argued that the best-judgment assessment was unwarranted as the production and movement of goods were based on market trends and not specific purchase orders. The appellate authority and the Tribunal affirmed the assessing officer's findings without independent analysis, leading to the appellant's plea for remand.

3. Compliance with Procedural Requirements by Appellate Authorities:
The appellate authorities, including the JC (Appeals) and the Commercial Taxes Tribunal, dismissed the appellant's claims without detailed reasoning or independent analysis. The Tribunal's order lacked discussion and reasoning, merely agreeing with the assessing officer's findings in a general manner. The Supreme Court's principles on inter-State sales, as laid down in cases like Tata Iron and Steel Co. Ltd. v. S.R. Sarkar and Sahney Steel and Press Works Ltd. v. Commercial Tax Officer, were not adequately considered. The appellant highlighted the need for a thorough examination of facts and application of settled law, which the appellate authorities failed to undertake.

Conclusion:
The judgment concluded that the Tribunal should re-examine the transactions branch-wise, considering the principles laid down by the Supreme Court and the detailed submissions made by the appellant. The matter was remanded to the Commercial Tax Tribunal for fresh disposal, with instructions to dispose of the appeal within six months. The appeal concerning sales to APSRTC through RSO, Vijayawada, was dismissed, with the appellant required to pay tax under the CST Act on the turnover attributable to these sales. The assessing authority was directed not to enforce the demand until the Tribunal decides the matter, except for the tax payable on sales to APSRTC.