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2013 (6) TMI 695 - HC - VAT and Sales Tax
Issues involved:
The issues involved in the judgment are: 1. Whether the Tribunal was correct in restoring the estimated turnover of out turn of groundnut oil and corresponding purchase of groundnut kernel when the petitioner was only a trader in buying and selling of groundnut oil-cake and not a manufacturer of oil? 2. Whether the penalty under section 12(3) of the TNGST Act can be levied for the estimated turnover of out turn of oil and on the estimation of corresponding purchase of kernel? Issue 1: The assessee claimed to be a dealer in oil-cake, but during an inspection, it was found that the addresses noted in the bought notes were bogus and non-existent. The assessing officer assessed the returns related to the purchase of oil-cake and the sale of oil. The Appellate Assistant Commissioner deleted the assessment, but the Tribunal, considering the modus operandi of the dealer, restored the assessing authority's order, stating that the estimation of turnover on the purchase of groundnut kernel and oil was sustainable. The High Court upheld the Tribunal's decision, as the assessee failed to prove the existence of the sellers, and reduced the penalty from 150% to 50% of the tax due on the suppressed turnover under the Tamil Nadu General Sales Tax Act. Issue 2: Regarding the levy of penalty, the estimation was based on the turnover of sale of oil-cake, which the assessee was said to have purchased from agriculturists. The High Court noted that inability to prove the existence of the sellers does not automatically warrant a 150% penalty. Therefore, based on the circumstances of the case, the penalty was reduced to 50% of the tax due. The assessing officer was directed to re-compute the penalty only in respect of the turnover assessable under the Tamil Nadu General Sales Tax Act at 50% of the tax due. The Court clarified that the inclusion of tax liability under other Acts for the computation of the penalty did not arise in this case, and the tax case revision was disposed of without costs.
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