2018 (1) TMI 1698 - HC - VAT and Sales Tax

Revision of order of Appellate Tribunal - levy of Additional Sales Tax - threshold monetary amount not reached - Whether the Tribunal has erred in dismissing the review petition filed by the State without considering the principles of law to be applied while dealing with a review petition and also on the merits? - HELD THAT - The Additional Sales Tax cannot be levied since the taxable turnover for the whole year is below Rs.100/- Crores. The Tax Case Revision is dismissed.

Summary

Issues:
1. Validity of the order of the Tamilnadu Sales Tax Appellate Tribunal
2. Interpretation of the Tamil Nadu General Sales Tax Act, 1959
3. Consideration of additional sales tax liability
4. Review application by the State
5. Dismissal of the review application
6. Challenging the review application in the Tax Case Petition
7. Substantial questions of law raised in the petition
8. Applicability of the Tamil Nadu Additional Sales Tax Act, 1976
9. Dismissal of the Tax Case Revision

Issue 1: Validity of the order of the Tamilnadu Sales Tax Appellate Tribunal
The Tax Case Revision was filed to revise the order of the Tamilnadu Sales Tax Appellate Tribunal, which allowed the appeal of the dealer against the Additional Sales Tax levied by the Assessing Authority. The Tribunal considered various decisions and concluded that the taxable turnover of the dealer for the whole year was below Rs.100 crores, hence dismissing the Additional Sales Tax.

Issue 2: Interpretation of the Tamil Nadu General Sales Tax Act, 1959
The Assessing Authority levied Additional Sales Tax on the dealer based on the turnover exceeding Rs.10 lakhs. The Appellate Tribunal's decision was based on the interpretation of the Act, considering the turnover threshold and relevant legal precedents.

Issue 3: Consideration of additional sales tax liability
The State filed a review application challenging the Tribunal's order, arguing that the Additional Sales Tax should be levied for the period before the amendment increasing the threshold to Rs.100 crores. The Joint Commissioner contended that the levy should be based on the existing section of the Act until the amendment came into effect.

Issue 4: Review application by the State
The State filed a review application before the Tamil Nadu Sales Tax Appellate Tribunal, seeking a review of the order passed in favor of the dealer. The review was based on the argument that the Tribunal did not consider the implications of the amendment to Section 2(1)(aa) of the Act.

Issue 5: Dismissal of the review application
The Tribunal dismissed the review application by the State, stating that no valid grounds were presented for invoking a review. It highlighted that the State should have filed a Tax Case before the High Court if aggrieved by the Tribunal's decision.

Issue 6: Challenging the review application in the Tax Case Petition
The Tax Case Petition challenged the order dismissing the review application. The petitioner raised substantial questions of law regarding the Tribunal's decision, the applicability of the amendment, and the dealer's turnover exceeding Rs.10 lakhs.

Issue 7: Substantial questions of law raised in the petition
The substantial questions of law raised in the petition included the Tribunal's dismissal of the review application without considering the amendment to Section 2(1)(aa) and the dealer's turnover exceeding Rs.10 lakhs. The petitioner argued that relevant legal precedents were not adequately considered.

Issue 8: Applicability of the Tamil Nadu Additional Sales Tax Act, 1976
The revision petition discussed the provisions of the Tamil Nadu Additional Sales Tax Act, 1976, particularly the amendment introducing new slab rates for dealers and the implications of the threshold turnover limits.

Issue 9: Dismissal of the Tax Case Revision
The High Court dismissed the Tax Case Revision after considering the arguments presented by the Joint Commissioner and the legal interpretations of the relevant provisions. The Court upheld the Tribunal's decision regarding the Additional Sales Tax liability and the turnover thresholds.

This comprehensive analysis covers the interpretation of the legal judgment, addressing all the issues involved and providing a detailed overview of the proceedings and arguments presented in the case.