9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (6) TMI 698 - HC - VAT and Sales TaxWhether the order passed by the Karnataka Appellate Tribunal dated October 31 2008 in S.T.A. No. 66 of 2006 having regard to the facts and circumstances of the case and contents of the agreement in holding that the assessee has right to use 12 vehicles possession of which was handed-over to M/s. Grasim Industries and wherefore exigible to tax under section 5C of the Act is justified or calls for interference in this revision? Held that - Having regard to the concurrent finding arrived at by the assessing authority appellate authority and the appellate Tribunal that the agreement entered into between the assessee and M/s. Grasim Industries amounts to transfer of right to use of the goods exigible to tax under section 5C is justified and accordingly we answer the substantial question of law against the petitioner and in favour of the Revenue. Appeal dismissed.
Issues Involved:
1. Taxability under Section 5C of the Karnataka Sales Tax Act, 1957. 2. Effective control and possession of vehicles. 3. Imposition of penalty and its quantification. Issue-wise Detailed Analysis: 1. Taxability under Section 5C of the Karnataka Sales Tax Act, 1957: The primary issue in this case is whether the transaction between the assessee and M/s. Grasim Industries Limited, involving the provision of vehicles, constitutes a transfer of the right to use goods, making it taxable under Section 5C of the Karnataka Sales Tax Act, 1957. The assessee, a partnership firm engaged in transport contract business, did not register as a dealer under the Act. During an inspection, it was found that the assessee was transporting concrete mixture for M/s. Grasim Industries, which was deemed to be a taxable activity under Section 5C. The assessing officer concluded that the terms of the agreement dated October 11, 2002, indicated that the effective control and possession of the vehicles were with M/s. Grasim Industries, making the transaction taxable. This decision was upheld by the appellate authority and the Karnataka Appellate Tribunal. 2. Effective Control and Possession of Vehicles: The agreement between the assessee and M/s. Grasim Industries specified that the assessee would maintain and provide a dedicated fleet of 12 vehicles for transporting the produce of M/s. Grasim Industries. The vehicles were to be available 24/7, except for two days a month for maintenance. The appellate authority and the Karnataka Appellate Tribunal found that the effective control and possession of the vehicles were with M/s. Grasim Industries, as the vehicles were available to them on a continuous basis and the drivers, though employed by the assessee, were under the control of M/s. Grasim Industries. This conclusion was supported by the terms of the agreement, which indicated that the vehicles were effectively transferred to M/s. Grasim Industries for their use, making the transaction taxable under Section 5C. 3. Imposition of Penalty and Its Quantification: The assessee argued that the penalty imposed was excessive and that they were under a bona fide impression that the transaction was not taxable. However, the court found that the terms of the agreement clearly indicated a transfer of the right to use the vehicles, making the transaction taxable. The court upheld the imposition of the penalty, noting that the assessee failed to register under the Act despite being liable for tax. The decision of the appellate authority and the Karnataka Appellate Tribunal to impose the penalty was found to be justified. Conclusion: The court dismissed the petition, affirming the decisions of the lower authorities that the transaction between the assessee and M/s. Grasim Industries constituted a transfer of the right to use goods, making it taxable under Section 5C of the Karnataka Sales Tax Act, 1957. The court also upheld the imposition of the penalty, finding that the assessee had failed to comply with the tax registration requirements. The key factors in the court's decision were the terms of the agreement, which indicated that the effective control and possession of the vehicles were with M/s. Grasim Industries, and the fact that the assessee did not register under the Act despite being liable for tax.
|
