2012 (10) TMI 1005 - HC - VAT and Sales Tax

Summary

Issues involved:
The issue involves the correct levy of tax on electrical control panel for the assessment year 2001-02, as well as the imposition of penalty based on the rate of tax determined by the Tribunal.

Summary:

The assessee filed a tax case (revision) challenging the Sales Tax Appellate Tribunal's order for the assessment year 2001-02. The substantial question of law was whether the Tribunal was correct in confirming the tax levy at 16 per cent. on the electrical control panel, which the assessee argued should be taxed at eight per cent under entry 64 of Part C of the First Schedule. The assessing officer had initially rejected the claim for concessional levy and imposed a penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959.

The Appellate Assistant Commissioner agreed with the assessee that the item should be taxed at nine per cent under entry 64 and set aside the assessment, including the penalty. However, the Sales Tax Appellate Tribunal allowed the Revenue's appeal, stating that the electrical panel boards did not fall under entry 64 of Part C and that the assessee had not claimed concessional levy before the Appellate Assistant Commissioner. Consequently, the Tribunal restored the original assessment, leading the assessee to file the present tax case (revision).

The High Court examined the relevant entries in the First Schedule and concluded that electrical panel boards should indeed be taxed at eight per cent under entry 64 of Part C, but only until August 17, 2001. From August 18, 2001, the tax rate would be 12 per cent under entry 43 of Part DD. Therefore, the assessing officer was directed to assess the turnover accordingly.

Regarding the penalty, the High Court found no justification to reinstate it, as the assessment was based on book turnover and the dispute was primarily about the tax rate. The Court noted the absence of any specific entry excluding the electrical panel board from the purview of entries 64 and 43.

In conclusion, the High Court set aside the Sales Tax Appellate Tribunal's order, allowing the tax case (revision) and directing the assessment of turnover at eight per cent until August 17, 2001, and 12 per cent from August 18, 2001 onwards. No costs were awarded in this matter.