1972 (4) TMI 79 - HC - VAT and Sales Tax

Summary

Issues:
Jurisdiction of Assistant Sales Tax Officer for assessment and validity of Additional Sales Tax Tribunal's decision.

Analysis:
The case involved six reference applications under section 24(1) of the Orissa Sales Tax Act, 1947, arising from a judgment of the Additional Sales Tax Tribunal. The questions posed for answer were related to the jurisdiction of the Assistant Sales Tax Officer for assessment and the correctness of the Additional Sales Tax Tribunal's decision.

The facts were undisputed, with the assessee being an unregistered dealer selling rice in Bhubaneswar. The issue arose regarding the jurisdiction of the assessing officer, as the purchases were made at Pipili, falling under a different circle. The department contended that the assessing officer in Bhubaneswar had the jurisdiction, leading to an appeal by the assessee.

The Additional Sales Tax Tribunal, in its decision, emphasized that goods were taxable at the purchase point, not the sale point. It held that the assessing officer at the purchase point should have jurisdiction over taxation, rather than the officer at the sale point. This approach was deemed distorted, as the Act allowed for assessment of both purchase and sale turnovers by the same authorities.

The State Government's rules defined "Assistant Sales Tax Officer" and "place of business," indicating that jurisdiction was based on the location where accounts of sales or purchases were kept. As the assessee maintained accounts in Bhubaneswar, the Assistant Sales Tax Officer there was deemed appropriate for taxation, regardless of the purchase location.

Ultimately, the High Court answered the questions in the affirmative and negative, respectively, allowing the references without costs. The Chief Justice agreed with the decision, and the references were answered accordingly.