2013 (4) TMI 498 - HC - VAT and Sales Tax

Reopening of assessment stock transfer A.O. submitted that petitioner has claimed the stock transfer through form F to its branches at Punjab, Rajasthan and Delhi which was accepted in the assessment order but these branches were not disclosed in the application for granting registration under the Central Sales Tax Act therefore, liable to pay CST @ rate of 10% and order u/s 21(2) has been passed. Petitioner submitted section 6-A lays down that the burden to prove is on the assessee to show that the goods did not move in pursuance of any contract, which has been discharged by the petitioner by filing form F . No illegality or irregularity of any kind has been found in the form submitted by the petitioner. There being no dispute with regard to the genuineness of the form F, no case for reopening the assessment under section 21 of the U.P. Trade Tax Act has been made out. Held that We find that the case of the respondents lacks any allegation of fraud against the petitioner after considering the provisions of sub-section (1) of section 6A. The genuineness or correctness of the form issued by its branches situate outside the State of U.P., who had obtained the form F from their registering authority is not an issue. After all form F is a document to prove that the goods were not moved in pursuance of contract of sale from one State to another. There is no dispute that the forms were not issued by the branches of the petitioner. It is a different thing to say that the factum of existence of branches were not disclosed in the registration application. The law does not provide that in such matters, the contention of dealer with regard to the stock transfer is liable to be rejected. In this facs situation, we fail to understand as to how it can be said that the turnover of the petitioner has escaped the assessment within the meaning of section 21 of the U.P. Trade Tax Act. petitioner is right in his submission that the impugned order granting sanction to reopen the assessment is no order in the eyes of law. The impugned order is bad and cannot be allowed to stand. The writ petition succeeds and is allowed.

Summary

Issues Involved:
1. Validity of the sanction granted under Section 21(2) of the U.P. Trade Tax Act to reopen the assessment.
2. Impact of non-disclosure of branches outside U.P. in the registration form on stock transfer claims.
3. Applicability of Section 6-A of the Central Sales Tax Act and the presumption created by Form F.
4. Nature of the impugned order granting sanction for reassessment.

Issue-wise Detailed Analysis:

1. Validity of the sanction granted under Section 21(2) of the U.P. Trade Tax Act to reopen the assessment:
The petitioner challenged the order dated 30th April 2004, which granted sanction to reopen the assessment for the years 1998-1999, 1999-2000, and 2000-2001. The petitioner argued that the reopening was based on the ground that the branches to which stock was transferred were not disclosed in the registration form under the Central Sales Tax Act. The court found that the non-disclosure of branches was more technical than substantive and did not justify reopening the assessment under Section 21(2) of the U.P. Trade Tax Act. The court emphasized that the Assessing Authority should have exercised its suo moto power to amend the registration certificate instead of initiating reassessment proceedings.

2. Impact of non-disclosure of branches outside U.P. in the registration form on stock transfer claims:
The respondents argued that the non-disclosure of branches outside U.P. in the registration form meant that the stock transfers to these branches could not be accepted as valid. The court noted that Section 7 of the Central Sales Tax Act requires dealers to register and update their business details. However, the court concluded that the non-disclosure of branches did not amount to fraud or misrepresentation, and thus, it did not invalidate the stock transfer claims. The court held that the omission was technical and did not affect the genuineness of the Form F submitted.

3. Applicability of Section 6-A of the Central Sales Tax Act and the presumption created by Form F:
The petitioner argued that under Section 6-A of the Central Sales Tax Act, the burden of proof that goods did not move pursuant to a contract of sale was on the assessee, which was discharged by submitting Form F. The court referred to the Supreme Court's judgments in Ashoka Leyland Ltd. cases, which clarified that filing Form F creates an irrebuttable presumption that the goods were moved as stock transfers. The court found that the respondents did not dispute the genuineness of the Form F submitted by the petitioner, and thus, the reopening of assessment was not justified.

4. Nature of the impugned order granting sanction for reassessment:
The court found that the impugned order granting sanction for reassessment was non-speaking and lacked any reasoning. It did not show any application of mind to the petitioner's objections. The court held that such an order could not be sustained in law. Consequently, the court quashed the impugned order dated 30th April 2004 and the consequential notice dated 22nd May 2004 for reassessment.

Conclusion:
The court allowed the writ petition, quashing the impugned order and the reassessment notice. The court emphasized that the non-disclosure of branches in the registration form was a technical omission and did not justify reopening the assessment. The court also highlighted the irrebuttable presumption created by Form F under Section 6-A of the Central Sales Tax Act, which was not challenged by the respondents. The impugned order was found to be non-speaking and devoid of any reasoning, leading to its quashing. No order as to costs was made.