2014 (5) TMI 533 - HC - VAT and Sales Tax

Whether Tribunal is correct in deleting the turnover on the basis of statement given subsequent to the assessment - Deletion in Turnover - Suppression of turnover - Nature of business No evidence - Held that - Except for contention that the seized materials had to be proved by the assessee, there are no materials pointed out by the Revenue to hold that the entries in the materials established any sale or purchase having been effected by the assessee, resulting in suppression - A reading of the order of the Tribunal, shows that the Tribunal had gone into the records to hold that the business of assessee consistently being one of a job work, there was no material to hold otherwise - Being pure question of fact, there is no justification to accept the plea of the Revenue to set aside the order of the Tribunal - The details given by the assessee in support of the entries represented dealings of other dealers, who had entrusted the job work with the assessee - Statements were recorded for the assessee to show that they are not in the business of making new ornaments from the old gold ornaments for sale - The jewels which were recovered during inspection were sample jewellery given by other dealers for the purpose of manufacture of similar jewellery items - No steps were taken by the Revenue to elucidate further information on the materials produced - Therefore, there exist no case for this Court to interfere with the order of the Tribunal - Revisions are dismissed - Decided against Revenue.

Summary

Issues:
1. Whether the Sales Tax Appellate Tribunal correctly deleted the turnover based on statements given subsequent to assessment.
2. Whether the nature of the assessee's business as job work justifies the treatment of transactions as sales for tax purposes.

Issue 1:
The High Court of Madras considered two Tax Case Revisions (T.C.(R). 550 of 2006 and T.C.(R). 572 of 2006) involving the Sales Tax Appellate Tribunal's deletion of turnovers based on post-assessment statements. The Revenue challenged these deletions, questioning the correctness of the Tribunal's actions. The Tribunal had set aside the assessment made by the Assessing Officer, leading to appeals by both the assessee and the Revenue. The main contention revolved around whether the Tribunal's decision to delete turnovers, amounting to substantial sums, was justified based on post-assessment statements.

Issue 2:
The judgment also delved into the nature of the assessee's business as job work in jewelry items and its implications for tax treatment. The Revenue had assessed tax liability and penalties on the turnover of the assessee, alleging suppression and discrepancies in stock and sales. The assessee argued that their business involved job work on gold provided by dealers, not sales of finished jewelry. The Appellate Assistant Commissioner and the Tribunal examined the evidence, including slips, stock variations, and book records, to determine the true nature of the transactions. They found that the assessee's activities aligned with job work rather than sales, leading to the deletion of turnovers and penalties. The Tribunal's decision was upheld by the High Court, emphasizing the lack of evidence supporting sales transactions and the consistent job work nature of the assessee's business.

In conclusion, the High Court of Madras dismissed the Tax Case Revisions, affirming the Sales Tax Appellate Tribunal's decision to delete turnovers and penalties based on the job work nature of the assessee's business. The judgment highlighted the importance of evidence and consistency in tax assessments, ultimately upholding the Tribunal's findings in favor of the assessee.