2011 (4) TMI 1257 - HC - VAT and Sales Tax

Summary

Issues:
Assessment based on second sales exemption, levy of tax on works contract receipts, remand of sales return claim, non-cooperation of assessee in producing account books.

Analysis:
The judgment deals with an appeal by the Revenue against the order of the Tamil Nadu Sales Tax Appellate Tribunal regarding assessments for the years 1987-88 and 1988-89. For the assessment year 1987-88, the Appellate Assistant Commissioner allowed the claim of second sales exemption after verifying the records and directed the assessing authority to determine the nature of works contract receipts due to the 46th Constitution Amendment. The Appellate Assistant Commissioner also canceled the levy of penalty and remanded a portion of the turnover for further examination. The Revenue appealed to the Tribunal, which rejected the appeal, citing the non-cooperation of the assessee in producing account books as a reason for the assessing officer's actions. The Tribunal upheld the exemption granted by the Appellate Assistant Commissioner and found no need to remand the matter back for rechecking. The Tribunal only remanded the portion related to sales returns of &8377; 2,00,000. The High Court dismissed the tax case revision, stating that interference was unwarranted as it was a pure question of fact.

For the assessment year 1988-89, the Appellate Assistant Commissioner passed similar orders granting second sales exemption. However, for the assessment year 1987-88, a portion related to sales returns of &8377; 2,00,000 was remanded to the assessing officer for fresh orders. The Revenue appealed this decision to the Sales Tax Appellate Tribunal, which upheld the Appellate Assistant Commissioner's order. The Tribunal found that the exemption granted was based on thorough verification of available materials and did not warrant remanding the matter again. The Tribunal only remanded the specific portion related to sales returns. The High Court, considering it a factual matter, declined to interfere with the Tribunal's decision and dismissed the tax case revision without costs.