2010 (9) TMI 1201 - HC - VAT and Sales Tax

Summary

Issues involved: Assessment of tax on alleged sale of cotton by the assessee for the Assessment Year 2004-05.

Summary:
The assessee, a firm engaged in manufacturing handloom cloth from cotton and cotton yarn, contested the imposition of tax by the tribunal for the alleged sale of cotton itself. The assessee claimed that the imported cotton was used to produce khadi material, which is tax-exempt in the State of U.P. The department argued that the cotton was directly sold without being converted into yarn and khadi material.

During the assessment proceedings, the assessee provided evidence, including a supplementary affidavit and registers, to demonstrate that the purchased cotton was indeed converted into cotton yarn and khadi material. The court noted that the assessment order acknowledged the evidence presented by the assessee but concluded that it had not been closely examined. Therefore, the court remanded the matter back to the tribunal for a reevaluation of the evidence on record to determine whether the cotton was genuinely converted into khadi material. The tribunal was directed to provide the assessee with an opportunity to present their case based on the existing documents and to issue a specific finding within three months.

In conclusion, the court set aside the tribunal's order and disposed of the revision accordingly.