2011 (6) TMI 695 - HC - VAT and Sales Tax

Whether, in the facts and circumstances, the Tribunal is right in deleting the turnover of ₹ 8,87,830 estimated on the basis of survey report and for reasons not legally sustainable? Whether, in the facts and circumstances, the Tribunal is right in deleting the consequential penalty levied under section 12(3)(b) of the TNG ST Act? Held that - In the absence of any of these materials and having regard to the fact that survey was done in respect of only one type of PVC hose pipe, which is of superior grade named Rani Flex, the Tamil Nadu Sales Tax Appellate Tribunal came to the conclusion that the estimation was unsustainable. The issue being a pure question of fact, the order of the Tamil Nadu Sales Tax Appellate Tribunal does not warrant any interference. Consequently, the revision is dismissed

Summary

Issues:
1. Estimation of turnover based on survey report
2. Deletion of penalty levied under section 12(3)(b) of the TNG ST Act

Estimation of Turnover Based on Survey Report:
The case involved the Revenue challenging the order of the Tamil Nadu Sales Tax Appellate Tribunal regarding the estimation of turnover of an assessee engaged in the manufacture of PVC pipes. The Revenue conducted a survey and made an estimation of turnover based on discrepancies noted in the survey report. The assessment was challenged by the assessee, contending that the survey was limited to one variety of PVC pipes, ignoring the other varieties manufactured. The Tribunal found that the survey report was unreliable as it did not consider all the products manufactured by the assessee. The Tribunal referred to a previous court decision emphasizing the need for substantial evidence to reject accounts as defective. It was noted that the assessee had maintained all required records and complied with statutory provisions, with no evidence discrediting the accounts. Therefore, the Tribunal concluded that the estimation based on the survey was unsustainable, leading to the cancellation of the assessment and penalty. The High Court upheld the Tribunal's decision, stating that the assessment was a pure question of fact and did not warrant interference. Consequently, the revision by the Revenue was dismissed.

Deletion of Penalty Levied Under Section 12(3)(b) of the TNG ST Act:
In addition to challenging the turnover estimation, the Revenue also contested the deletion of the penalty levied under section 12(3)(b) of the Tamil Nadu General Sales Tax Act. The penalty was imposed based on the assessment made by the Revenue following the survey. However, the Tribunal, after considering the inadequacy of the survey and lack of substantial evidence supporting the estimation, canceled the penalty along with the assessment. The Tribunal highlighted that the survey only focused on one type of PVC pipes, neglecting the other varieties manufactured by the assessee. As there was no concrete evidence to substantiate the estimation of turnover and suppression, the Tribunal found the penalty unjustified. The High Court, in line with the Tribunal's findings on the turnover estimation issue, upheld the cancellation of the penalty as well. The court emphasized the lack of material to support the penalty imposition and affirmed the Tribunal's decision to delete the penalty. Consequently, the revision by the Revenue challenging the deletion of the penalty was dismissed.

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