9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (4) TMI 1040 - HC - VAT and Sales TaxValidity of remanding the matter to the Assessing Authority for passing fresh reassessment order after verifying transactions under dispute in detail - said transactions had already been verified by the JCCT (Appeals) and findings on the same were recorded by him in the order impugned before the Hon'ble Tribunal - HELD THAT - From close scrutiny of the order passed by the first appellate authority, it is evident that the first appellate authority has adjudicated the controversy on merits and therefore, the tribunal, which is the last fact finding authority was bound to verify the documents on record and to give a finding on law and facts - instead of adjudicating the controversy on merits, the tribunal has remanded the matter to the adjudicating authority. An unnecessary order of remand gives longitivity to the litigation, which is not warranted. The substantial question of law is answered in favour of the petitioner and against the respondent. The impugned judgment dated 20.08.2018 passed by the tribunal is hereby quashed - Appeal allowed in part.
Issues:
1. Remand of the matter by the tribunal for fresh reassessment. 2. Determination of whether the transaction amounts to 'sale in the course of import'. 3. Qualification for exemption under Section 5(2) of the Central Sales Tax Act, 1956. 4. Existence of an inextricable link between import and subsequent sale. Analysis: Issue 1: Remand of the matter by the tribunal for fresh reassessment The petitioner filed a revision under Section 65(1) of the Karnataka Value Added Tax Act against the Karnataka Appellate Tribunal's judgment. The substantial questions of law considered were whether the tribunal was correct in remanding the matter for fresh reassessment despite previous verification by the JCCT (Appeals). The High Court found that the tribunal erred in remitting the matter without examining the documents available on record. The court emphasized that the tribunal, being the last fact-finding authority, should have verified the documents and given a finding on law and facts. The court cited the case of 'CHOLAMANDALAM MS GENERAL INSURANCE AND CO. VS. ASSISTANT / DEPUTY COMMISSIONER OF INCOME TAX' to support its decision. Consequently, the court quashed the tribunal's judgment and remitted the matter back to the tribunal for a fresh decision on merits. Issue 2: Determination of whether the transaction amounts to 'sale in the course of import' The petitioner, a public limited company engaged in the trade of electronic and medical diagnostic equipment, imported goods based on purchase orders from Indian customers. The dispute arose regarding the exemption claimed under Section 5(2) of the Central Sales Tax Act, 1956. The assessing authority disallowed the exemption, treating the sales as interstate sales. The first appellate authority upheld this decision, stating a lack of a direct link between the import and local sales. The petitioner argued that there was an inextricable link between import and local sales, making them eligible for exemption. The court did not delve deeply into this issue due to the decision to remand the case for fresh assessment. Issue 3: Qualification for exemption under Section 5(2) of the Central Sales Tax Act, 1956 The petitioner sought exemption under Section 5(2) of the Central Sales Tax Act, claiming that the sales were in the course of import. However, the assessing authority disallowed this claim, leading to subsequent appeals. The court did not provide a definitive ruling on this issue due to the remand of the case for fresh adjudication. Issue 4: Existence of an inextricable link between import and subsequent sale The petitioner contended that there was a direct link between the import of goods and the subsequent sale to local customers, making them eligible for exemption under Section 5(2) of the Central Sales Tax Act. The court did not address this issue conclusively, as the primary focus was on the tribunal's error in remanding the case without proper examination of the documents. In conclusion, the High Court's judgment primarily focused on the tribunal's procedural error in remanding the case without a detailed examination of the documents. The court set aside the tribunal's decision and directed a fresh adjudication on merits, emphasizing the need for expeditious resolution of the matter. The specific issues related to the nature of the transactions and eligibility for exemption under the Central Sales Tax Act were not conclusively determined in this judgment.
|
