2019 (12) TMI 423 - HC - VAT and Sales Tax

Levy of sales tax / vat - inter-state or intra-state sale? - sales of Heavy Earth Moving Equipments by the Respondent- Assessee - TNGST Act - HELD THAT - There is no merit in the present Writ Petition filed by the Revenue and the concurrent findings of the Appellate Authorities below are based on relevant materials and in the absence of any contra evidence available on record, no contrary view can be taken. In view of the same, the Writ Petition is liable to be dismissed and accordingly, it is dismissed.

Summary

Issues:
Challenge to concurrent findings on the nature of sales - inter-State or intra-State.

Analysis:
The High Court of Madras addressed a Writ Petition where the Revenue contested the findings of two Appellate Authorities regarding the classification of sales of Heavy Earth Moving Equipments by the Respondent-Assessee as either inter-State or intra-State sales. The First Appellate Authority emphasized the lack of evidence supporting the movement of goods outside the State, leading to the conclusion that the transactions were not in the course of inter-State trade. Consequently, the Authority ordered the deletion of the tax levied under the CST Act. The Sales Tax Appellate Tribunal echoed this sentiment, highlighting the absence of proof of goods moving outside the State and the failure of the Department to verify such movements. The Tribunal emphasized the necessity for the Assessing Officer to substantiate claims of inter-State sales with concrete evidence, which was lacking in the assessment years under review. The Tribunal also stressed the importance of verifying transport documents to determine ownership and transporters involved in the transactions.

The Court noted that the Special Government Pleader representing the Revenue failed to provide any contradictory evidence to challenge the findings of the lower Appellate Authorities. The Respondent/Assessee's counsel supported the impugned orders. After considering the arguments from both sides, the Court concluded that the Writ Petition lacked merit. The Court upheld the concurrent findings of the Appellate Authorities, emphasizing that these findings were based on relevant materials. Given the absence of any contrary evidence on record, the Court dismissed the Writ Petition, ruling in favor of the Respondent. The Court also decided not to award any costs in this matter.