2014 (5) TMI 254 - HC - VAT and Sales Tax

Whether Tribunal by omitted to consider relevant evidence and renderred findings based on no evidence Omission of evidence Stock Variation Suppression of turnover - Non-maintenance of account - Held that - Inspection report reveals that as a manufacturer, the assessee had not maintained the manufacturing account, nor had it shown the purchase of materials made locally as well as from other States which are sold in the State either as fabric or as readymade garments - Given the fact that the assessee is not just a trader alone, but a manufacturer too, the basic document that one has to maintain is the manufacturing account, since the verification as to the correctness of the claim starts only from thereon - Thus, the admitted case that the assessee had not maintained the manufacturing account, clearly pointed out to the difficulty in arriving at the stock variation. When the Revenue admits that the materials purchased could not be said as with reference to sale of readymade garments alone, in fairness to the claim of the assessee, AO as well as Tribunal should have adverted to this fact while arriving at the stock variation - Thus, while confirming the reasoning of the Appellate AC, it is hold that in arriving at the stock difference, instead of Rs.32,16,462/- as unaccounted stock available, the Officer should have taken note of the stock of finished goods at Rs.25,36,344/- to arrive at the stock difference for the purpose of working out the liability - Except for this modification, order passed by the Appellate Assistant Commissioner is confirmed - Thus, order of Tribunal is set aside and thereby remand the matter back to AO to arrive at the stock difference, taking the actual stock at Rs.25,36,344/- and the stock difference at Rs.34,22,639/- and assessment order passed thereon. Levy of Penalty Held that - In arriving at the penalty u/s 12(3)(b) at 50%, AO shall, however, exclude the additional tax portion, since the provision regarding the levy of penalty on additional sales tax was introduced in the statute book in the year 1997 - Hence, the same was not available during the material assessment year 1991 Decided partly in favour of assessee.

Summary

Issues Involved:
1. Error of law by the Sales Tax Appellate Tribunal in omitting relevant evidence and rendering findings based on no evidence.
2. Error of law by the Sales Tax Appellate Tribunal in examining the order as a Court of Judicial Review instead of a fact-finding body.

Detailed Analysis:

Issue 1: Error of Law by the Sales Tax Appellate Tribunal in Omitting Relevant Evidence and Rendering Findings Based on No Evidence

Background: The assessee, engaged in the manufacture and trading of readymade garments, was inspected on 09.10.1990. The inspection revealed several defects including the absence of manufacturing accounts, delivery challans, and separate stock accounts. The inspection also noted stock variations and discrepancies in export sales records.

Stock Variation: The Assessing Officer identified a stock variation of Rs.1,84,140/- and proposed an equal time addition and penalty. The assessee admitted to not maintaining a manufacturing account but argued that it maintained inventories and stock records. The assessee contended that the stock variation was not based on correct figures and that the actual difference was Rs.3,29,116/-.

First Appellate Authority's Findings: The First Appellate Authority found errors in the inspection report and recalculated the stock difference to Rs.2,06,177/-. The Authority also noted a discrepancy of Rs.11,67,609/- in the purchase figures, leading to an estimated suppression of Rs.6,92,580/-.

Tribunal's Findings: The Tribunal upheld the stock variation of Rs.46,34,644/- as determined by the Assessing Officer, disagreeing with the First Appellate Authority. It found that the assessee had not maintained a production-cum-stock account and that the Appellate Authority's view was not based on materials.

Court's Analysis: The Court found that the Tribunal failed to consider the account entries and the reconciliation statement provided by the assessee. The Court noted that the Assessing Officer's estimate was not justified and that the actual stock variation should be based on the stock of finished goods at Rs.25,36,344/-. The Court remanded the matter back to the Assessing Officer to reassess the stock difference and the liability.

Issue 2: Error of Law by the Sales Tax Appellate Tribunal in Examining the Order as a Court of Judicial Review Instead of a Fact-Finding Body

Background: The Tribunal was expected to function as a fact-finding body but allegedly acted as a Court of Judicial Review, which led to the omission of relevant evidence.

Tribunal's Role: The Tribunal dismissed the assessee's appeal and partly allowed the enhancement portion, upholding the Assessing Officer's findings on stock variation and suppression.

Court's Analysis: The Court found that the Tribunal did not adequately consider the account entries and the details provided by the assessee. It emphasized that the Tribunal should have acted as a fact-finding body and examined the evidence thoroughly. The Court set aside the Tribunal's order and remanded the matter for reassessment, focusing on the actual stock of finished goods.

Conclusion:

The Court concluded that the Tribunal committed errors in omitting relevant evidence and failing to act as a fact-finding body. The matter was remanded back to the Assessing Officer to reassess the stock difference and the liability based on the actual stock of finished goods. The penalty under Section 12(3)(b) was to be recalculated excluding the additional tax portion, as the provision for penalty on additional sales tax was introduced in 1997, not applicable to the assessment year 1991. The equal time addition for probable omission and the penalty at 50% were upheld.