1999 (9) TMI 959 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Legality of the assessment order under Section 41(7) of the Sales Tax Act.
2. Validity of the notice issued under Section 21 of the Sales Tax Act.
3. Scope and exercise of revisional powers under Section 10-B of the Sales Tax Act.
4. Interpretation and application of Sections 10-B and 21 of the Sales Tax Act.

Detailed Analysis:

1. Legality of the Assessment Order Under Section 41(7) of the Sales Tax Act:
The respondent, a dealer of power-tiller, diesel engine, and agro machine spares, was assessed for the year 1981-82 with a total turnover of Rs. 9,51,095/- and a tax liability of Rs. 59,045.02. The accounts were accepted by the assessing authority, and the assessment order was passed on 22nd March 1986.

2. Validity of the Notice Issued Under Section 21 of the Sales Tax Act:
A notice under Section 21 dated 20th March 1986 was issued but was discharged on 28th August 1986. The Deputy Commissioner issued another notice on 7th November 1988 under Section 10-B, citing undisclosed sales of machinery worth Rs. 8,64,819/- to M/s. Lohiya Machines Ltd. The dealer admitted to selling machinery worth Rs. 5,05,000/- to Lohiya Machines Ltd., which was not disclosed at the time of assessment and argued that such turnover cannot be taxed under Section 10-B as the limitation for initiating proceedings under Section 21 had expired.

3. Scope and Exercise of Revisional Powers Under Section 10-B of the Sales Tax Act:
The Deputy Commissioner, after hearing the parties, set aside the assessment order dated 22nd March 1986 and remanded the matter for fresh assessment. The dealer appealed, and the Tribunal allowed the appeal, stating that the escaped turnover cannot be revised under Section 10-B as the remedy under Section 21 was available but time-barred. The Tribunal held that the original assessment order cannot be revised under Section 10-B once proceedings under Section 21 were initiated and discharged.

4. Interpretation and Application of Sections 10-B and 21 of the Sales Tax Act:
The High Court analyzed the provisions of Sections 10-B and 21. Section 21 allows the assessing authority to reassess escaped turnover within a specific period, while Section 10-B confers revisional powers on the Commissioner or Deputy Commissioner to examine the legality and propriety of subordinate officers' orders. The court noted that the powers under Section 10-B are supervisory and can be exercised even for escaped turnover if based on existing material at the time of the original assessment.

The court found that the Tribunal erred in its interpretation. The Deputy Commissioner acted within his jurisdiction under Section 10-B, as the material regarding the escaped turnover was already on record at the time of the original assessment. The Tribunal's observation that the original assessment order merged with the order under Section 21 was incorrect.

Conclusion:
The High Court concluded that the powers under Section 10-B are broader and can be exercised on existing material to correct any illegality or impropriety in the original assessment order. The Tribunal's order was set aside, and the Deputy Commissioner's order was restored, allowing the revision under Section 10-B. The revision was allowed, and the impugned order passed by the Tribunal was set aside.