2019 (8) TMI 172 - HC - VAT and Sales Tax

Demand of Interest u/s Section 8(1) of the U.P. Trade Tax Act, 1948 - liability to pay tax on purchase of oil seeds - want of form 3-C(2) - applicant has not admitted any tax liability on such purchases at any stage either in the return or in his accounts - HELD THAT - The liability that has been fixed against the assessee, was an admitted tax liability, as it is undisputed that the claim for exemption raised by the assessee was dependent on the issuance of the statutory forms and it is also admitted that no such statutory forms ever came to be issued. Therefore, the fact that the assessee may have actually made purchases of oil seeds from registered dealers or the fact that there was a promise on part of the selling dealers to issue Form III-C(2) would be of no avail, insofar as the revenue authorities are concerned. If the applicantassessee claims such rights, as have been canvassed in the present revision application, it would have been for it to have approached a civil court for a proper remedy only against the selling dealer. Revision dismissed.

Summary

Issues:
The judgment involves the question of whether the Tribunal was legally justified in upholding the interest liability imposed against the assessee for its purchase of oil seeds, treating it as an admitted tax liability. The key issue revolves around the non-issuance of Form III-C(2) by the selling dealers and the consequent tax liability on the assessee.

Analysis:
The revision filed by the applicant assessee challenges the Trade Tax Tribunal's order upholding the interest liability imposed on the assessee for the purchase of oil seeds. The Tribunal treated this liability as the assessee's admitted tax liability under Section 8(1) of the U.P. Trade Tax Act, 1948. The primary contention raised by the assessee is that it should not be held liable for interest as it did not admit any tax liability on the purchases due to the non-issuance of Form III-C(2) by the selling dealers. The assessee argued that since it purchased oil seeds from registered dealers against a promise to issue the form, its liability to pay tax should not be fixed. The assessee relied on a decision by a single Judge in a similar case involving food-grains purchases where the absence of Form III-C(2) absolved the dealer from tax liability.

The assessee's argument was countered by the Standing Counsel, who cited a Division Bench decision that emphasized the importance of furnishing prescribed declaration forms for claiming exemptions. The Division Bench held that failure to furnish such forms would result in the tax being levied at the normal rate, becoming the admitted tax liability. The liability to pay interest would commence from the last date of filing the return. The Division Bench rejected the application of legitimate expectation or hope as a defense against interest payment under Section 8(1) of the Act.

The Court, after considering the arguments and precedents, concluded that the liability fixed against the assessee was an admitted tax liability due to the failure to issue statutory forms by the selling dealers. The Court highlighted that the claim for exemption was dependent on the issuance of these forms, which never occurred. The Court emphasized that the assessee could have sought a remedy against the selling dealer in a civil court if it believed it had rights in the matter. The Court distinguished the present case from the precedent cited by the assessee, as there was no prior assessment where a similar claim had been allowed.

In light of the above analysis, the Court answered the legal question against the assessee and in favor of the revenue. Consequently, the Court dismissed the revision filed by the applicant assessee challenging the interest liability upheld by the Tribunal.