2013 (7) TMI 127 - HC - VAT and Sales Tax

Additional Sales Tax levy - Held that - As both sides agree that the issue as regards the levy of additional sales tax in respect of the assessment year 1996-97 is covered by the decision of State of Tamil Nadu Vs. National Time Company 2010 (7) TMI 842 - MADRAS HIGH COURT that after taking the taxable turnover for the entire year, the taxable turnover upto the date of amendment has to be assessed with reference to the relevant tax rate therein applicable to the period. Thus setting aside the order of the Sales Tax Appellate Tribunal, the matter is remanded back to the AO to work out the liability based on the decision (supra). Thus, taking the taxable turnover for the entire year, the taxable turnover up to the period 31st July 1996, has to be worked out to attract the liability at the rates specified therein and beyond that, the liability of the turnover has to be worked out based on the amended provision depending on the taxable turnover crossing Rupees 100 crores for the whole year.

Summary

Issues:
1. Interpretation of Additional Sales Tax Act, 1970 for the assessment year 1996-97.
2. Applicability of Section 2(1)(aa) of the Additional Sales Tax Act, 1970.
3. Levy of Additional Sales Tax for the period from 01.04.1996 to 31.07.1996.

Analysis:

Issue 1:
The Revenue challenged the Sales Tax Appellate Tribunal's order for the assessment year 1996-97. The primary question was whether Additional Sales Tax could be levied if the taxable turnover is less than 100 crores. The Court referred to the decision in the case of State of Tamil Nadu Vs. National Time Company, which established that the taxable turnover up to the date of the amendment must be assessed based on the relevant tax rate applicable to that period. Consequently, the Court set aside the Tribunal's order and remanded the matter to the Assessing Officer to determine the liability based on the total taxable turnover for the year, with specific consideration for the turnover up to 31st July 1996 and the amended provision for turnovers exceeding 100 crores.

Issue 2:
The Court addressed the applicability of Section 2(1)(aa) of the Additional Sales Tax Act, 1970, as amended by Act 31 of 1996, even when the taxable turnover is less than 100 crores for the year. By referencing the aforementioned case law, the Court emphasized the need to calculate the liability based on the turnover for the entire year, with a distinction between turnovers before and after the amendment. The decision highlighted the importance of adhering to the specified tax rates depending on the turnover thresholds.

Issue 3:
Regarding the levy of Additional Sales Tax for the period from 01.04.1996 to 31.07.1996 under the Additional Sales Tax Act, 1970, the Court directed the Assessing Officer to determine the liability in accordance with the principles outlined in the State of Tamil Nadu Vs. National Time Company case. The judgment clarified that the turnover up to 31st July 1996 should be assessed based on the applicable rates, while turnovers exceeding 100 crores for the entire year must be subject to the amended provisions.

In conclusion, the Court disposed of the Tax Case Revision by remanding the matter for reassessment without imposing any costs. The judgment emphasized the importance of correctly interpreting the Additional Sales Tax Act, 1970 and applying the relevant provisions based on the taxable turnover thresholds and the timing of any amendments to the legislation.