2011 (4) TMI 1241 - HC - VAT and Sales Tax

Whether the Tribunal is right in holding that in view of omission of rule 6(d) of the Tamil Nadu General Sales Tax Rules, 1959, the petitioner is not entitled to the relief on the ground of the sale of business as a whole, despite the fact that Explanation 3 appended to section 2(r) of the Tamil Nadu General Sales Tax Act, 1959 expressly provides for relief? Whether the Tribunal is justified in holding that notwithstanding the sale of three lorries resulting in winding up of its business of lorry transport division as a whole, because other divisions of businesses were carried on, relief cannot be granted to the petitioner? Held that - Going by the findings of the Tribunal that the lorry business continued even after the sale of the lorries, we do not find any justification to accept the plea of the assessee that the claim of the assessee falls under Explanation to section 2(r) of the Tamil Nadu General Sales Tax Act. On the alternative plea taken by the assessee, going by the relevant entry in Part D, entry 36 of the Schedule during the relevant time and on the admitted fact that the assessee had built the body on the chassis purchased and that the body had not suffered tax at any time before, we do not find that the assessee can be granted second sales exemption. In the circumstances, the revision stands dismissed

Summary

Issues:
1. Interpretation of provisions under the Tamil Nadu General Sales Tax Act regarding the sale of business as a whole.
2. Assessment of tax liability on the sale of lorries by the assessee.
3. Applicability of exemption under Explanation 3 to section 2(r) of the Tamil Nadu General Sales Tax Act.
4. Justification for penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act.

Interpretation of provisions under the Tamil Nadu General Sales Tax Act regarding the sale of business as a whole:
The case involved the sale of three lorries by the assessee during the assessment year, leading to a tax liability dispute. The assessing authority and the Appellate Assistant Commissioner assessed the sale at 11% due to lack of evidence of tax sufferance at an earlier stage. The appellate authority upheld the assessment, rejecting the plea that the chassis had already suffered tax. The Tribunal later considered whether the sale constituted part of the business closure, invoking Explanation 3 to section 2(r) of the Act. The Tribunal concluded that the sale did not represent the disposal of the entire business, as the transport business continued after the lorries' sale, thus denying the benefit of the provision.

Assessment of tax liability on the sale of lorries by the assessee:
The Tribunal further analyzed the alternative plea regarding the tax liability on the sale of lorries. It noted that the assessee had constructed the body on the chassis, which had not suffered single-point tax as a lorry. Consequently, the Tribunal rejected the exemption claim based on the fact that the body had not been taxed previously. The assessee challenged this decision in the revision, emphasizing the balance sheet's indication of the lorry sales. However, the court disagreed, finding that the balance sheet did not support the claim that a part of the business had been sold. The court upheld the Tribunal's decision, dismissing the revision.

Applicability of exemption under Explanation 3 to section 2(r) of the Tamil Nadu General Sales Tax Act:
The Tribunal's decision focused on whether the assessee qualified for the exemption under Explanation 3 to section 2(r) of the Act. It determined that the sale of lorries did not amount to the sale of the entire business, as the transport business operations continued post-sale. The court concurred with the Tribunal's findings, emphasizing that the balance sheet did not provide sufficient evidence to support the claim that part of the business had been sold. Consequently, the court dismissed the revision, denying the assessee the benefit of the exemption.

Justification for penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act:
The judgment did not explicitly address the justification for the penalty imposed under section 12(3)(b) of the Act. The focus remained on the assessment of tax liability on the sale of lorries and the applicability of relevant provisions under the Act. The court's decision primarily revolved around interpreting the statutory provisions and determining the nature of the sale in relation to the business as a whole, rather than delving into the penalty aspect.

In conclusion, the judgment analyzed various legal aspects concerning the sale of lorries by the assessee, emphasizing the interpretation of provisions under the Tamil Nadu General Sales Tax Act, the applicability of exemptions, and the assessment of tax liability. The court upheld the Tribunal's decision, denying the assessee relief under the relevant provisions and dismissing the revision.