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2011 (8) TMI 1017 - HC - VAT and Sales TaxWhether the STATwas justified in drawing inference, and in coming to the conclusion, that the sale transactions in question were inter-State sales or whether the findings of the STATin this regard are based on mere surmises and are perverse? Held that - The conclusion of the STATthat the sales of DEPB scrips were inter-State sales is based on inferences which any reasonable person would have arrived at. The contentions of the petitioner s counsel to the contrary do not commend acceptance. Section 21(5) of the APGST Act merely enabled the STATto make such inquiry as it deemed fit before passing the order under section 21(4) of the Act. It is not necessary that the STATshould, in every case, conduct an enquiry before passing the order confirming the order of the revisional authority. The order of the STATis a well considered and reasoned order. It does not necessitate interference in revision proceedings under section 22(1) of the APGST Act. Appeal dismissed.
Issues:
1. Interpretation of provisions under the Andhra Pradesh General Sales Tax Act and the Central Sales Tax Act regarding the taxation of DEPB licenses. 2. Burden of proof on the dealer and the Revenue in establishing the taxability of a transaction. 3. Examination of the findings of the Sales Tax Appellate Tribunal (STAT) regarding the nature of sales transactions involving DEPB scrips. 4. Application of legal principles on inter-State sales under the Central Sales Tax Act. Issue 1: Interpretation of Taxation Provisions The case involved a partnership firm engaged in the manufacture and export of leather garments, challenging the proposed tax levy on the sale of Duty Entitlement Pass Book (DEPB) licenses under the Central Sales Tax Act. The Deputy Commissioner proposed to revise the assessment order, subjecting a turnover of Rs. 63,98,197 to tax as inter-State sales. The petitioner argued that the DEPB licenses were sold locally in other states, supported by certificates from buyers, and not subject to CST Act taxation. Issue 2: Burden of Proof The petitioner contended that the Revenue failed to prove inter-State sales of DEPB scrips, shifting the burden of proof onto the Department. Citing legal precedents, the petitioner argued that the absence of material suggesting inter-State sales should preclude taxation solely based on the dealer's failure to produce relevant documents. Issue 3: Examination of STAT Findings The STAT concluded that the DEPB scrips were sold in different states based on inferred movement of goods from Andhra Pradesh. The petitioner's representative personally carried the DEPB licenses to buyers in Uttar Pradesh, Gujarat, and Tamil Nadu, leading to the conclusion of inter-State sales. The absence of documentary proof of goods movement before sales led to the dismissal of the petitioner's appeal. Issue 4: Application of Legal Principles The judgment analyzed the statutory definition of inter-State sales under the CST Act, emphasizing that movement of goods from one state to another underlies the taxability of a transaction. The STAT's decision on the nature of sales transactions involving DEPB scrips was deemed reasonable, with the conclusion based on logical inferences. The statutory provisions did not mandate an inquiry in every case, and the well-reasoned order of the STAT did not warrant revision under the APGST Act. In conclusion, the revision petition challenging the taxation of DEPB licenses as inter-State sales was dismissed by the High Court, upholding the findings of the STAT based on the inferred movement of goods and the absence of conclusive evidence supporting local sales transactions.
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