2010 (11) TMI 879 - HC - VAT and Sales Tax

Summary

Issues: Interpretation of tax liability on forfeited security amount due to non-return of bottles.

The judgment involves a dispute regarding the taxability of the security amount forfeited due to the non-return of bottles. The applicant argued that the forfeited amount should be considered as damages, not as a sale price, citing a previous Supreme Court case. The counsel for the applicant contended that the Tribunal's decision to tax the forfeited security amount was unjustified and referenced a previous case decided by the High Court. The counsel for the applicant also highlighted the absence of an assessment order following the Tribunal's decision.

The learned standing counsel raised concerns about the absence of specific references to crucial letters in the assessment order, questioning their inclusion in the assessment record and the applicant's pleadings. It was emphasized that the assessing authority should re-examine the issue in light of the High Court's previous decision, considering whether the communication regarding the security refund and forfeiture due to non-return of bottles was adequately conveyed to the customer.

Upon reviewing the impugned order and lower authorities' decisions, the judge concluded that the Tribunal's decision to tax the forfeited security amount based on the Supreme Court's ruling was to be set aside. The matter required reconsideration in accordance with the High Court's precedent, instructing the assessing authority to verify the inclusion and relevance of the letters in question, assess the applicant's pleadings, and determine if the communication about security refund and forfeiture was effectively conveyed to customers. The judge directed the assessing authority to issue a new assessment order based on these considerations and the guidance provided by the High Court's previous decision. The revision was allowed in part, with the assessing authority instructed to proceed as directed.