2011 (8) TMI 1019 - HC - VAT and Sales Tax

Best judgment assessment - Held that - It is not in dispute that the surprise raid of the premises of the assessee was carried out on June 23, 1998, uncounted transactions were found. Therefore, best judgment assessment was resorted to. The Tribunal has reduced the best judgment assessment turnover as arrived at by the first appellate authority only on mere presumption without taking note of the fact that the turnover for the remaining part of the assessment year had to be multiplied . In view of the aforesaid, the order of the Tribunal to the extent it reduces the best judgment assessment turnover cannot be legally sustained. It is hereby quashed.

Summary

Issues: Reduction in best judgment assessment turnover for foodgrains and Khali, treatment of paddy husk as de-oiled based on university certificate.

Issue 1: Reduction in Best Judgment Assessment Turnover

The Department challenged the Trade Tax Tribunal's reduction of the best judgment assessment turnover for foodgrains and Khali from Rs. 50 lacs to Rs. 35 lacs and Rs. 10 lacs to Rs. 8 lacs respectively. The Department argued that the reduction was based on mere presumptions without relevant material facts justifying it. They highlighted a surprise raid where uncounted transactions were found, leading to a best judgment assessment. The Department contended that the Tribunal overlooked that only a part of the year had passed at the time of the raid, and the turnover for the entire year needed consideration. Reference was made to a previous court judgment emphasizing the need for turnover determination based on relevant material. The Tribunal's reduction of the turnover was deemed unsustainable in law, and the order was quashed. The Tribunal was directed to re-determine the best judgment assessment turnover considering the entire assessment year and the court's previous judgment.

Issue 2: Treatment of Paddy Husk as De-oiled

The Tribunal treated paddy husk as de-oiled based on a certificate from G.B. Pant Agriculture and Technology University, Pantnagar, indicating no financial viability of extracting oil from it. The Department argued that this presumption was flawed, as paddy husk should not be considered de-oiled solely based on the university's opinion regarding oil extraction viability. The Department's stance was that the cost factor should not determine the de-oiling status of paddy husk. The Tribunal's decision to exempt paddy husk from tax on the grounds of being de-oiled was found legally unsustainable. Consequently, the Tribunal's finding in this regard was set aside, and the issue was to be reconsidered by the Tribunal after granting the assessee an opportunity to present their case through a reasoned speaking order within three months from the date of the court's order.

In conclusion, the High Court set aside the Trade Tax Tribunal's decision regarding the reduction in best judgment assessment turnover and the treatment of paddy husk as de-oiled. The court directed the Tribunal to re-evaluate both issues, emphasizing the need for a thorough consideration of relevant facts and legal principles in determining the turnover and tax status of paddy husk.