2016 (9) TMI 1431 - HC - VAT and Sales Tax

Input tax credit - validity of SCN - Held that - the SCN issued by the assessing officer proposing to reverse the I. T. C. availed of by the respondent/writ petitioner/dealer is lacking any valid or sustainable basis. If the sales effected to the writ petitioner/dealer are not disclosed by such a seller either in the form of return filed monthly or the tax collected from the writ petitioner/ dealer is not made over to the Department by such seller, the action lies against such a defaulting seller but not against the purchaser - appeal dismissed - decided against appellant-Revenue.

Summary

Issues:
Assessment of input-tax credit under the Tamil Nadu Value Added Tax Act based on purchases made by the dealer from various sellers, including registered and unregistered dealers, and the liability of the purchaser for the default of the seller.

Analysis:
The writ appeal before the Madras High Court involved the correctness of an order passed by a learned single judge regarding the assessment of input-tax credit under the Tamil Nadu Value Added Tax Act. The respondent, a registered dealer, was notified by the assessing officer about discrepancies in purchases made from several dealers, leading to the proposal of reversing input-tax credit amounting to ?3,73,69,631. The allegations included non-disclosure of turnover by sellers, non-filing of returns by certain sellers, purchases from non-assessing dealers, and transactions with unregistered dealers.

The High Court observed that the show-cause notice issued by the assessing officer lacked a valid or sustainable basis. It emphasized that if sellers did not disclose sales or pay taxes collected, the action should be against the defaulting seller, not the purchaser. The Court noted that errors in claiming input-tax credit were not the purchaser's fault but the responsibility of the seller. The assessing officer's decision to target the purchaser instead of the non-compliant sellers was deemed contrary to the law. Consequently, the learned single judge rightly set aside the assessing officer's order, as it went against legal principles.

In conclusion, the High Court found no merit in the writ appeal and dismissed it without costs. The connected miscellaneous petitions were also dismissed. The judgment highlighted the importance of holding the correct party accountable for tax discrepancies and emphasized the need for assessing officers to follow legal principles when dealing with input-tax credit assessments under the Tamil Nadu Value Added Tax Act.