2011 (11) TMI 575 - HC - VAT and Sales Tax

Adjustment of tax and set-off on the basis of tax paid on diesel purchased as raw material - Whether in the facts and circumstances of the case, the Rajasthan Tax Board was justified in law and has not acted illegally and perversely in directing the appellate authority to decide the issue which was not raised before the assessing authority - Held that - Section 85 of the Act of 1994 provides for an appeal to the Tax Board. In terms of sub-section (6) of section 85 of the Act of 1994, it is provided that the Tax Board may admit an appeal or permit the filing of memorandum of cross-objections even after the expiry of the period of limitation. In terms of sub-section (11) of section 85 of the Act of 1994 it is provided that the Tax Board shall, after giving both the parties to the appeal an opportunity of being heard, pass such an order thereon as it thinks fit and send a copy thereof to the assessee, the assessing authority, the authority whose order was appealed against and the Commissioner. Thus in my considered view the powers of the Tax Board under section 85 of the Act of 1994 are plenary and the Tax Board, taking into consideration all the facts and circumstances of the case obtaining before it can pass any order including an order of remand - Decided against assessee.

Issues:
1. Interpretation of Section 86 of the Rajasthan Sales Tax Act, 1994.
2. Jurisdiction and powers of the Rajasthan Tax Board under Section 85 of the Act of 1994.
3. Validity of the Tax Board's decision to remand the matter to the Deputy Commissioner (Appeals).
4. Consideration of set-off entitlement on tax paid for diesel purchased as raw material by the assessee.

Analysis:

1. The judgment discusses the interpretation of Section 86 of the Rajasthan Sales Tax Act, 1994, emphasizing that an application for revision must state the question of law involved in the order to be revised. The counsel for the petitioner argued that the question of law in the case was whether the Tax Board's direction to the appellate authority to decide an issue not raised before the assessing authority was justified. However, the court found no question of law arising from the Tax Board's order.

2. The judgment delves into the jurisdiction and powers of the Rajasthan Tax Board under Section 85 of the Act of 1994. It highlights that the Tax Board has plenary powers, as provided in sub-sections (6) and (11) of Section 85, allowing it to admit appeals even after the limitation period and pass orders as deemed fit after hearing both parties. The court concluded that the Tax Board acted within its jurisdiction by remanding the matter to the appellate authority for considering the assessee's claim for set-off.

3. The validity of the Tax Board's decision to remand the matter to the Deputy Commissioner (Appeals) is scrutinized in the judgment. It is noted that the Tax Board, faced with the assessee's request for set-off based on tax paid for diesel purchased as raw material, was justified in requiring the appellate authority to address this issue. The court opined that it was the appellate authority's responsibility to assess the relevant facts and determine the tax liability of the respondent-assessee.

4. The issue of considering the set-off entitlement on tax paid for diesel purchased as raw material by the assessee is a focal point in the judgment. The court determined that the Tax Board's decision to have the appellate authority evaluate the claim for set-off was appropriate. It was emphasized that the appellate authority needed to thoroughly review all pertinent facts to arrive at a correct conclusion regarding the tax liability of the respondent-assessee.

In conclusion, the revision petition was dismissed by the court as it found no substantial legal question arising from the Tax Board's order. The judgment provides a detailed analysis of the issues related to the interpretation of relevant sections of the Rajasthan Sales Tax Act, 1994, and the jurisdiction of the Tax Board in remanding matters for further consideration by the appellate authority.

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