2011 (1) TMI 1257 - HC - VAT and Sales Tax

Summary

Issues involved: Two revisions u/s 11 of the U.P. Trade Tax Act, 1948 challenging the Tribunal's order for the assessment year 1993-94 under the U.P. Trade Tax Act, 1948 and the Central Sales Tax Act, 1956.

Details of the Judgment:

Issue 1: Allegation of non-production of manufacturing account

The applicant, a manufacturer of carpets, had purchased carpets from an unregistered dealer and claimed export against form H. The assessing authority rejected the books of account due to alleged non-maintenance of the manufacturing account. The Deputy Commissioner (Appeals) and the Tribunal upheld this decision. The applicant contended that the books of account were produced before the assessing authority. The High Court noted that the show-cause notice only mentioned the non-production of the manufacturing account, not other books of account. Referring to legal precedent, the Court emphasized the mandatory nature of maintaining the manufacturing account. As the reason for estimating turnover was not provided, the Court directed the Tribunal to reconsider the matter and allowed the revisions.

Issue 2: Estimation of turnover and tax levy

The assessing authority estimated the taxable turnover within U.P. at Rs. 5 lakhs and inter-State sales at Rs. 14,87,960. The applicant disputed this estimation, arguing that there was no basis for it. The Court observed that the Tribunal did not provide a rationale for the turnover estimate under both the U.P. Trade Tax Act and the Central Sales Tax Act. Citing legal precedent, the Court emphasized the necessity of maintaining accurate accounts. The Court set aside the Tribunal's order and remanded the case for fresh consideration, allowing the revisions.