2012 (12) TMI 958 - HC - VAT and Sales Tax

Summary

Issues:
The issues involved in this case are whether the plant and machinery transferred by the respondent-assessee to its holding company constitute moveable or immovable properties, and whether the transfer should be treated as a sale for the purpose of levying sales tax.

Plant and Machinery Classification:
The respondent-assessee contended that the plant and machinery transferred were immovable properties, thus not subject to sales tax. However, the assessing officer treated the transfer as a sale. The Tribunal held that the machinery, specifically a boiler and its accessories, were immovable properties without conducting an independent investigation into their removability. The assessing officer found that the boiler was purchased and installed by the respondent-assessee, indicating it could be removed if desired. The Tribunal concluded that the transfer was a book adjustment due to the holding company relationship.

Estoppel and Representation:
The court found that the respondent-assessee, by representing the transfer of plant and machinery in its balance-sheet, was estopped from later claiming it was merely a book adjustment. The representation in Schedule 10 of the balance-sheet clearly indicated a transfer had occurred, preventing a contradictory stance. Consequently, the court set aside the Tribunal and first appellate authority's orders, reinstating the assessing officer's decision.

This judgment highlights the importance of consistent representations and the impact of estoppel in legal proceedings involving property transfers and taxation assessments.