2011 (7) TMI 1039 - HC - VAT and Sales Tax

Whether the transactions were rightly assessed under the Central Sales Tax Act? Held that - Failure to prove inter-State transfer of goods as not under contract of sale in terms of section 6A always calls for Central sales tax assessment and not for assessment as local sales. However, the assessing officer can assess the transaction as local sales if the dealer fails to prove physical movement of the goods out of the State which also has to be proved by the dealer. So much so, the claim of the petitioner for assessment of the transaction under the local Act is not tenable. We accordingly hold that the transactions were rightly assessed under the Central Sales Tax Act. Appeal dismissed.

Summary

Issues:
- Central sales tax assessment for the year 2005-06
- Validity of claimed exemption on stock transfer of goods using F forms
- Burden of proof under Section 6A of the CST Act for transfer of goods not by way of sale
- Assessment under the local Act at four per cent tax rate

Central Sales Tax Assessment:
The High Court reviewed a revision filed against the Tribunal's order upholding the petitioner's Central sales tax assessment for the year 2005-06. The petitioner claimed exemption on stock transfer of goods using F forms, alleging the transfer was to a consignment agent in another state. However, the assessing officer found the F forms to be bogus and the petitioner failed to provide evidence to substantiate the stock transfer claim. Despite the petitioner's arguments, the court agreed with the Government Pleader that the transfers were rightly assessed as inter-State sales.

Validity of Claimed Exemption:
The petitioner's case hinged on proving that the transfer of goods from one state to another was not by way of sale but for other purposes, such as transfer to a consignment agent. Section 6A of the CST Act places the burden of proof on the dealer to establish that the transfer was not pursuant to a sale contract. The court emphasized that the dealer must demonstrate the purpose of the goods' transfer, whether to a branch outside the state or a consignment agent for sale in another state. As the petitioner failed to prove the transfer was not under a contract of sale, the presumption under section 6A deemed it an inter-State sale, leading to the correct assessment under the CST Act.

Burden of Proof under Section 6A:
Section 6A requires dealers to prove that goods transferred between states are not under a contract of sale. Failure to discharge this burden results in the presumption of an inter-State sale, as seen in this case where the petitioner could not establish the nature of the transaction leading to the transfer. The court clarified that the failure to prove an inter-State transfer not under a sale contract warrants Central sales tax assessment, rather than assessment under the local Act.

Assessment under the Local Act:
The petitioner contended that even if the stock transfer claim was disallowed, they were entitled to assessment under the local Act at a lower tax rate. However, the court ruled that since the petitioner failed to prove the goods' transfer out of the state was not under a sale contract, the assessment under the CST Act was appropriate. The assessing officer can only assess a transaction as local sales if the dealer proves the physical movement of goods out of the state, which was not demonstrated in this case. Consequently, the court upheld the assessment under the Central Sales Tax Act and dismissed the revision case.