2011 (4) TMI 1450 - HC - VAT and Sales Tax

Summary

Issues Involved:

1. Validity of the orders passed by the Sales Tax Authorities, State Sales Tax Tribunal, and Central Appellate Authority.
2. Interpretation and application of Section 6A of the Central Sales Tax Act, 1956.
3. The necessity and sufficiency of Form 'F' declarations.
4. The impact of non-genuine Form 'F' declarations on tax liability.

Summary:

1. Validity of the Orders:
Petitioners, manufacturers and dealers of edible oil, challenged the orders passed by the Sales Tax Authorities, State Sales Tax Tribunal, and Central Appellate Authority. They contended that the movement of goods was by way of consignment and not interstate sale. The authorities, however, found that some Form 'F' declarations were not issued by the concerned Sales Tax Departments and treated the transactions as interstate sales, imposing a 10% tax.

2. Interpretation and Application of Section 6A:
The Tribunal and Central Appellate Authority relied on Section 6A of the Central Sales Tax Act, 1956, as amended by Act 20 of 2002, which mandates the filing of Form 'F' declarations. The authorities held that in the absence of valid 'F' form declarations, the transactions would be deemed interstate sales. The petitioners argued that the authorities misinterpreted Section 6A, but the court found no ambiguity in the provision, emphasizing the mandatory nature of the 'F' form declaration.

3. Necessity and Sufficiency of Form 'F' Declarations:
The court acknowledged that while Form 'F' is not the only evidence required to establish that the movement of goods was not by way of interstate sale, it is necessary if not sufficient. The petitioners had given up the challenge to the constitutional validity of Section 6A, and the court interpreted the provision as it stands, affirming the mandatory requirement of Form 'F'.

4. Impact of Non-Genuine Form 'F' Declarations:
The authorities found that some Form 'F' declarations were bogus. The court noted that the petitioners did not seriously dispute this finding. The Central Appellate Authority rejected the petitioners' contention that they could establish the consignment nature of the transactions through other evidence, given the mandatory requirement of Form 'F'. The court highlighted the importance of Form 'F' in ensuring that goods transported to other states are brought within the tax net of local taxes and are not disposed of clandestinely.

The court dismissed the writ petition, finding no error or infirmity in the authorities' application of Section 6A and the deeming fiction that the movement of goods was by way of sale in the absence of genuine Form 'F' declarations.