2016 (7) TMI 1019 - HC - VAT and Sales Tax

Whether on the facts and in the circumstances of the case, Trade Tax Tribunal was legally justified in granting relief to the dealer in the absence of the statutory Form-C as well as the Tribunal was justified in deleting the amount of interest levied on the dealer? - Held that - the finding of the Tribunal on the aforementioned aspects cannot be sustained. - Order of tribunal set aside - Decided in favor of Revenue.

Summary

Issues:
1. Whether the Trade Tax Tribunal was justified in granting relief to the dealer in the absence of the statutory Form-C?
2. Whether the Tribunal was justified in deleting the amount of interest levied on the dealer?

Analysis:
1. The judgment revolves around the assessment of tax liability under the Central Sales Tax Act, 1956 for the Assessment Year 1993-94. The Tribunal held that the dealer would not be liable for interest under Section 8(1) of the U.P. Trade Tax Act 1948 due to the bona fide nature of the transaction and the establishment of an inter-state sale to a registered dealer. However, the Tribunal also acknowledged the dealer's failure to furnish Form-C for central sales, raising a significant issue.

2. Regarding the liability for interest under Section 8(1) of the 1948 Act, the Court referred to a Division Bench decision emphasizing that failure to furnish the prescribed declaration form results in the tax being levied at the normal rate, with interest payable from the last date of filing the return until actual payment. The Court rejected the argument of mala fide or legitimate expectation to avoid interest payment, citing precedents and holding the dealer accountable for interest due to non-compliance with declaration form requirements.

3. The judgment highlighted the mandatory nature of furnishing Form-C to claim concessional tax rates, citing a Supreme Court ruling. The Court emphasized that this requirement is not directory but imperative. Consequently, the Court found the Tribunal's decision on both issues unsustainable, leading to the allowance of the revision and setting aside the Tribunal's order related to the Central Sales Tax assessment for the respondent assessee.

4. In conclusion, the Court ruled in favor of the revenue, answering the questions posed in the application in favor of the tax authorities. The judgment underscores the importance of compliance with statutory requirements, such as furnishing necessary forms, in determining tax liabilities and interest obligations under the relevant tax laws.