1981 (5) TMI 123 - HC - VAT and Sales Tax

Summary

Issues:
Jurisdiction of the Commissioner to adjudicate the dispute on assumed facts under Section 35 (1) of the U. P. Sales Tax Act.

Detailed Analysis:

Issue 1: Jurisdiction of the Commissioner to adjudicate the dispute on assumed facts
The case involved a partnership firm seeking determination on whether they were liable to pay tax for purchases made on behalf of ex-U. P. principals. The firm argued that since they purchased goods on behalf of principals from outside the state, they should be exempt from tax under the Central Sales Tax Act. However, the Commissioner rejected the application, stating that the question raised was academic and did not fall under the purview of Section 35 which deals with specific sales or purchases. The firm contended that they received clear orders from dealers of different states, purchased goods, and dispatched them outside U. P. The Court noted that the firm failed to provide specific instances of orders, purchases, and dispatches, and emphasized the need to present facts related to particular sales or purchases for the Commissioner to decide. The Court analyzed Section 35(1) and (2) which outline the process for raising questions for the Commissioner's determination. The jurisdiction of the Commissioner is limited to deciding questions that have arisen, and the phrase 'question arises' restricts the Commissioner's power to adjudicate only on matters enumerated in Section 35(1). The Court rejected the argument that the Commissioner could decide on assumed future facts, emphasizing that decisions must be based on existing facts. The Court highlighted that accepting such a broad interpretation would lead to frivolous applications for adjudication on assumed facts.

Conclusion:
The Court upheld the Commissioner's decision, stating that the firm failed to provide sufficient evidence of specific sales or purchases, and thus, the appeal was dismissed in favor of the revenue with costs.