2019 (10) TMI 576 - HC - VAT and Sales Tax

Whether in absence of any inquiry made by the revenue authorities and in absence of any evidence to doubt the explanation furnished by the assessee, its claim of return of the goods could have been rejected merely on surmises and conjectures? HELD THAT - In the facts of the present case, once the assessee set up a specific plea of having never received the goods in its stock and having returned the same from its factory premises, it was for the revenue authorities to have made proper inquiries from the selling dealer and from such other source as they may have been advised, to verify the correctness of the claim set up by the assessee. In absence of any inquiry being made and in absence of any evidence having placed on record, as may establish that the assessee had actually received those goods or dealt with the same, the suspicion that had arisen initially could not transform or lead to an adverse finding against the assessee. It is not for the revenue authorities to reach a conclusion as to existence of tax liability by speculating the manner in which a trader ought to have conducted himself. Such speculations may only give rise to suspicions but not to findings as to existence of a tax liability - For that finding to arise, there must be found existing evidence on record including that emerging from inquiry made from relevant sources. In this case there is no evidence of the taxable event having taken place. Petition allowed - answered in the negative i.e. in favor of the assessee and against the revenue.

Summary

Issues:
Appeal against Trade Tax Tribunal order confirming assessment on purchase of iron and steel; Dispute over return of goods to sellers before unloading; Lack of inquiry by revenue authorities; Claim of return of goods rejected; Question of law on rejection of claim based on surmises and conjectures.

Analysis:
The judgment pertains to a revision filed against the Trade Tax Tribunal's order confirming the assessment on the purchase of iron and steel by the assessee. The assessee, engaged in trading of iron and steel scrap, had issued Forms-31 to dealers in Punjab for importing scrap. Disputes arose with the sellers regarding the goods, leading to the assessee returning the goods before unloading at its premises. The assessing officer rejected the claim, but the first appeal authority partially allowed it for transactions with one dealer. However, the Tribunal reversed this decision, upholding the assessment order.

The central question in the revision was whether the rejection of the claim based on surmises and conjectures, without conducting inquiries or providing evidence, was justified. The court emphasized that suspicion alone cannot create tax liability; the taxable event must be established by the revenue authorities. In this case, the assessee's plea of not receiving the goods and returning them required proper inquiries by the authorities, which were not conducted. Without concrete evidence of receiving or dealing with the goods, suspicions could not lead to adverse findings against the assessee.

Furthermore, the judgment highlighted that the revenue authorities cannot speculate on tax liability based on trade practices or assumptions about how a trader should conduct business. Tax liability must be based on factual evidence of actual purchase and sale transactions. Speculations may raise suspicions but cannot establish tax liability without concrete evidence of the taxable event. Since no such evidence existed in this case, the court ruled in favor of the assessee, allowing the revision and rejecting the claim based on surmises and conjectures.

In conclusion, the judgment underscores the importance of evidence and proper inquiries in establishing tax liability, cautioning against relying solely on suspicions or speculative assessments. The decision serves as a reminder that tax assessments must be grounded in factual findings supported by concrete evidence of the taxable event, rather than conjectures or assumptions about business practices.