2011 (3) TMI 1527 - HC - VAT and Sales Tax

Summary

Issues: Reopening of assessment under section 21 of the U.P. Trade Tax Act, 1948; Legality of approval for reassessment proceedings; Central sales tax implications on transferred SIM cards and smart cards; Burden of proof under section 6A of the Central Sales Tax Act, 1956; Compliance with assessment procedures; Validity of notice for reassessment.

The judgment pertains to a company importing SIM cards and smart cards, subsequently sent to Hyderabad, facing reassessment under the U.P. Trade Tax Act, 1948. The company submitted form F, accepted without tax imposition. However, a proposal for reassessment was sent, leading to a notice for approval and subsequent reassessment notice. The company argued the transactions were stock transfers, challenging the legality of approval and notice. The reassessment was based on identifying cards for sale to different companies, invoking Central sales tax implications. The court analyzed section 6A of the Central Sales Tax Act, emphasizing the assessing officer's duty to review evidence before determining stock transfers. The court dismissed the company's claims of illegality in approval and notice issuance, highlighting the need for evidence evaluation in reassessment.

The court noted an interim order allowing the assessing officer to proceed with the order without serving the company. The company was instructed to file a certified copy of the order for compliance, with the exclusion of time elapsed since the interim order for calculating the reassessment order's limitation period. The judgment concluded by dismissing the writ petition, emphasizing compliance with assessment procedures and the need for evidence evaluation in determining the nature of transactions.