2014 (1) TMI 1053 - HC - VAT and Sales Tax

Rejection of books of accounts - Discrepancy in stock and accounts - Best judgement assessment - Held that - purchases were shown to have been made by firms at Ghaziabad and Noida but the said firms were found closed when subsequent queries were made and the notices were issued to them. The transaction of payment through bank account is also not in the ordinary course of business inasmuch as the firms claiming their addresses at Noida and Ghaziabad, opened their accounts at Aligarh, collected cheque money and withdrawn the same in quick succession of two to three days and that too in cash. Thirdly the alleged transport companies whereby huge quantity of oil and tin containers were claimed to have been transported from Ghaziabad and Noida to Aligarh, were found non-existing and bogus - In totality, when various circumstances are considered by Revenue, I do not find that the approach can be said to be illegal or erroneous so as to make a best judgment assessment in the circumstances like present one illegal or unauthorized - Decided against assessee.

Summary

Issues:
1. Dispute over assessment year 1999-2000 under U.P. Trade Tax Act, 1948.
2. Alleged purchases of oil and tin containers from registered dealers.
3. Verification issues with purchase vouchers and concerned companies.
4. Claim of purchases through account payee cheques.
5. Validity of best judgment assessment and findings by Tribunal.
6. Affidavits filed by proprietors of the firms in question.
7. Criteria for best judgment assessment and completeness of returns.

Issue 1: Dispute over assessment year 1999-2000 under U.P. Trade Tax Act, 1948
The revisionist, a dealer in edible oil and containers, faced best judgment assessment for the year 1999-2000. Initial assessments were challenged through appeals, leading to varying tax liabilities under state and central statutes. Subsequent appeals by the revenue resulted in the reduction of tax liability, prompting the revisionist to seek further relief.

Issue 2: Alleged purchases of oil and tin containers from registered dealers
The central dispute revolved around the revisionist's claim of purchasing significant amounts of oil and tin containers from registered dealers. However, discrepancies arose during verification attempts with the concerned companies. Notices to proprietors were returned with indications of unavailability, and registration details of the firms raised doubts on the authenticity of the transactions.

Issue 3: Verification issues with purchase vouchers and concerned companies
Verification challenges emerged as notices to the purported sellers were returned undelivered, and discrepancies in their registration status surfaced. The assessing authority rejected the claimed purchases due to the revisionist's failure to substantiate the transactions, coupled with the discovery of non-existent transport companies allegedly involved in the transactions.

Issue 4: Claim of purchases through account payee cheques
The revisionist contended that payments for the purchases were made through account payee cheques, emphasizing the legitimacy of the transactions. However, the tribunal scrutinized the payment process and revealed irregularities, such as the swift withdrawal of funds in cash shortly after depositing the cheques, casting doubt on the authenticity of the transactions.

Issue 5: Validity of best judgment assessment and findings by Tribunal
The tribunal's findings highlighted the revisionist's inability to prove the tax compliance of the purchases or the occurrence of the transactions. The assessment of the transactions as fictitious and aimed at tax evasion was supported by evidence of paper transactions and non-existent entities involved in the purported deals.

Issue 6: Affidavits filed by proprietors of the firms in question
Despite the submission of affidavits by the proprietors of the firms involved in the transactions, the tribunal found discrepancies in the provided addresses, leading to doubts regarding the credibility of the affidavits. The failure to verify the addresses further undermined the reliability of the submitted documents.

Issue 7: Criteria for best judgment assessment and completeness of returns
The court emphasized the necessity for a comprehensive assessment when returns are deemed incorrect or incomplete. In this context, the tribunal's decision to uphold the best judgment assessment was supported by the presence of fabricated transactions, unverifiable entities, and suspicious payment practices, indicating a deliberate attempt to evade tax liabilities.

In conclusion, the court dismissed the revision, affirming the tribunal's findings and the legality of the best judgment assessment in light of the circumstances surrounding the disputed transactions.