2008 (12) TMI 353 - HC - VAT and Sales Tax

Appeal to Appellate Tribunal- Sales Tax Appellate Tribunal holding plea not raised before lower authorities cannot be raised as additional ground in appeal before Tribunal. Section 36(3) of Tamil Nadu Genaral Sales Tax Act, 1959 empowers Tribunal to pass order as it think fit. Same words used in section 254 of Income Tax Act, 1961 and Supreme Court ruling under IT Act on similar issue binding. Tribunal shall consider new grounds which arise from facts before it and on the basis of materials available before it. Tribunal as final fact finding authority bound to answer new grounds when facts required for answering new plea already available on record. Matter remanded to Tribunal for decision on merits.

Summary

Issues:
1. Whether the levy of additional sales tax at 2.25% and penalty on the assessee for the assessment year 1996-1997 was sustainable.
2. Whether the Sales Tax Appellate Tribunal erred in refusing to consider additional grounds raised by the assessee for the first time.
3. Interpretation of Section 36(3) of the Tamil Nadu General Sales Tax Act, 1959 regarding the powers of the Appellate Tribunal.

Analysis:

1. The judgment dealt with the levy of additional sales tax and penalty on the assessee for the assessment year 1996-1997. The assessee, involved in manufacturing herbal shikakai powder, appealed against the levy. The Sales Tax Appellate Tribunal partly allowed the appeal. The Tribunal, relying on previous judgments, refused to entertain new grounds raised by the assessee regarding the classification of herbal shikakai powder. The main issue was whether the Tribunal was correct in refusing to consider the additional plea raised for the first time.

2. The assessee argued that in previous cases, the Tribunal had modified the tax rate based on the classification of the product. Despite this, the Tribunal refused to entertain the new ground raised by the assessee. The counsel referred to various judgments to support the case and highlighted that the Tribunal can decide based on existing records and facts. The Special Government Pleader relied on a judgment stating that a new plea cannot be raised before the Appellate Tribunal for the first time.

3. The Court analyzed Section 36(3) of the Tamil Nadu General Sales Tax Act, 1959, which provides the powers of the Appellate Tribunal. Referring to Supreme Court judgments, the Court emphasized that the Tribunal has the jurisdiction to examine a question of law arising from the facts on record, even if not raised earlier. The Court held that the Tribunal, as the final fact-finding authority, must consider new grounds raised by the assessee if the facts required for addressing the new plea are already available on record. The matter was remitted to the Tribunal for a decision on the new grounds raised by the assessee in accordance with the law.

This detailed analysis of the judgment provides insights into the issues related to the levy of additional sales tax, the Tribunal's refusal to consider new grounds, and the interpretation of the powers of the Appellate Tribunal under the relevant legal provisions.