2018 (2) TMI 1980 - HC - VAT and Sales Tax

Rejection of application for grant of stay of collection of the disputed tax - Valuation - handling charges and warranty claims - pre-sale or post sale consideration - HELD THAT - As the substantive appeal is still pending consideration before the Appellate Deputy Commissioner, and as the Judgment of the Supreme Court in MOHD. EKRAM KHAN SONS VERSUS COMMISSIONER OF TRADE TAX, UP. (AND ANOTHER APPEAL) 2004 (7) TMI 341 - SUPREME COURT s relates to warranty charges which forms a substantial part of the turnover subjected to tax, we consider it appropriate to direct the respondents not to take coercive steps to recover the balance tax due, pending disposal of the appeal before the Appellate Deputy Commissioner, on condition that the petitioner deposits 2/3rds of the disputed tax with the Assessing Authority within four weeks from today. Petition disposed off.

Summary

Issues involved:
1. Rejection of application for grant of stay of collection of disputed tax pending appeal.
2. Dispute over handling charges and warranty claims as post-sale consideration.

Issue 1: Rejection of application for grant of stay of collection of disputed tax pending appeal:
The High Court dealt with a writ petition challenging the order of the Additional Commissioner rejecting the petitioner's application for stay of collection of disputed tax pending appeal before the Appellate Deputy Commissioner. The petitioner had appealed against the assessment order for tax periods 2011-12 to 2013-14. The Appellate Deputy Commissioner had previously rejected the stay petition, leading to the petitioner filing a revision with the Additional Commissioner, who also rejected the stay application.

The petitioner argued that the disputed charges were post-sale consideration for services rendered, not part of the sale of automobiles. The Assessing Authority, however, considered them as pre-sale receipts forming part of the sale consideration. The petitioner relied on specific legal decisions, while the Special Standing Counsel for Commercial Tax cited other relevant cases.

The High Court, considering the pending substantive appeal before the Appellate Deputy Commissioner and the significance of the Supreme Court judgment related to warranty charges, directed that coercive recovery steps for the balance tax should not be taken by the respondents pending the appeal's disposal. The petitioner was required to deposit 2/3rds of the disputed tax with the Assessing Authority within four weeks, with credit given for any previous payments. The writ petition was disposed of accordingly, with no order as to costs.

Issue 2: Dispute over handling charges and warranty claims as post-sale consideration:
The core of the dispute in the appeal revolved around handling charges and warranty claims, with the petitioner contending that these were post-sale consideration for services provided, not part of the sale of automobiles. In contrast, the Assessing Authority viewed them as pre-sale receipts forming part of the sale consideration. Legal arguments were presented based on past judgments, with the petitioner citing specific cases supporting their position, and the Special Standing Counsel for Commercial Tax relying on other relevant legal precedents.

The High Court, recognizing the importance of the pending appeal and the interpretation of charges like warranty claims as a substantial part of the turnover subjected to tax, decided to prevent coercive recovery actions for the outstanding tax amount until the appeal before the Appellate Deputy Commissioner was finalized. This decision was made on the condition that the petitioner deposited a specified portion of the disputed tax within a set timeframe, with credit given for any previous payments made. The writ petition was resolved accordingly, with no costs imposed, and any pending miscellaneous petitions in the matter were closed.

This detailed analysis of the judgment provides a comprehensive understanding of the issues addressed and the High Court's decision in this case.