2019 (10) TMI 364 - HC - VAT and Sales Tax

Non-application of mind - levy of Entry tax - Whether the Tribunal is correct in upholding the orders of the authorities below by not applying its mind regarding the plea of the liability of entry tax on the value of goods when it enters into the local area or on the market value on which the goods are sold? HELD THAT - The relevant criteria to determine the value of goods had to be the wholesale value within the local area Ghaziabad. Inasmuch as the revenue and the appeal authorities have not made any effort to determine that value, the assessment order, as sustained by the Tribunal, is wholly erroneous - Further, in absence of any discussion as to the wholesale value of similar goods sold, inside the local area Ghaziabad, the matter has to be remitted back to the assessing authority. Thus, in view of the admitted fact that the goods had been brought into the local area by way of stock transfer, for the purposes of imposition of entry tax, the assessing authority should only take into account the wholesale value of similar goods/cement sold inside the local area Ghaziabad, at the relevant time. The actual sale value of the goods recorded by the assessee in its books of accounts had no relevance for that computation. The proceedings are remitted to the Tribunal to pass a fresh order in accordance with law - revision allowed by way of remand.

Summary

Issues:
Assessment under Entry Tax Act for A.Y. 2007-08, Valuation of goods brought into the local area, Correct method of valuation, Discrepancy in assessing the value of goods, Interpretation of the definition of 'value of goods', Relevance of wholesale value for assessment, Disapproval of assessing authority's approach in subsequent assessment years, Remitting the matter for correct valuation, Setting aside the Tribunal's order, Remanding the proceedings for a fresh order.

Analysis:
The revision was filed against the Commercial Tax Tribunal's order confirming the demand of entry tax for A.Y. 2007-08. The main question of law pressed in the revision was whether the Tribunal correctly upheld the orders of the authorities below without considering the plea of the liability of entry tax on the value of goods entering the local area or on the market value on which the goods are sold. The assessee brought cement from its manufacturing units outside the state, and the issue arose regarding the valuation of cement received by stock transfer. The assessing authority considered the total value of goods sold by the assessee, which was challenged by the assessee's counsel.

The counsel argued that the sale value was irrelevant for valuation under the Entry Tax Act, and the wholesale value within the local area should be the determining factor. It was noted that the Tribunal in subsequent assessment years disapproved of the assessing authority's approach and remitted the matter for correct valuation. The assessing authority's approach was found to be contrary to the law as the definition of value of goods did not permit considering the sale value. The matter was remitted back to the assessing authority to determine the wholesale value of similar goods sold inside the local area.

The question of law was answered, stating that for imposition of entry tax, the assessing authority should only consider the wholesale value of similar goods sold inside the local area, not the actual sale value recorded by the assessee. Consequently, the Tribunal's order was set aside, and the proceedings were remitted for a fresh order to be passed in accordance with the law. The revision was allowed, and the proceedings were to be completed expeditiously within a period of six months.