2015 (9) TMI 254 - HC - VAT and Sales Tax

Tax on sale of country made liquor Refund of tax amount deposited In relation to sale of country made liquor, assesse deposited sum with Sales Tax Authority on account of sales tax and, then, applied for refund of same on that no sales tax was payable in relation to sale of country made liquor Said prayer has been rejected on ground that sale amount of country made liquor included amount of tax Tribunal allowed prayer of refund as was made by assesse In Revision, Department contended that Tribunal did not take notice of Section 29(3) of U.P. Trade Tax Act, 1948 Held that - no findings pertaining to ingredients for applying provisions of Section 29(3) was found in impugned order Assessing Officer as well as Appellate Authority proceeded on basis as if price of country made liquor fixed by Excise Authority included tax and, accordingly, tax was collected from purchaser and, accordingly, there is no question of refunding tax so collected and deposited Impugned order of tribunal upheld Decided against revenue.

Summary

Issues:
1. Refund of sales tax on country made liquor for Assessment Years 1992-93 and 1993-94.
2. Interpretation of Sub-Section (3) of Section 29 of the U.P. Trade Tax Act, 1948.

Analysis:
1. The judgment involves two Revision Applications dealing with the refund of sales tax on country made liquor by a Government Company for the Assessment Years 1992-93 and 1993-94. The assessee had deposited sums with the Sales Tax Authority and sought a refund, claiming that no sales tax was payable on the sale of country made liquor during those years. The Appellate Authority rejected the refund request, stating that the sale price included the tax amount. However, the Tribunal found that the price fixed by the Excise Department for country made liquor did not include sales tax as it was not taxable during the relevant assessment years. Consequently, the Tribunal allowed the refund, emphasizing that the sale price did not encompass any sales tax amount.

2. The Sales Tax Department, in the Revision Application, argued that the Tribunal overlooked Sub-Section (3) of Section 29 of the U.P. Trade Tax Act, 1948, which prohibits refunds of tax or fee admitted by the dealer in returns or during proceedings. The High Court noted the absence of findings by the Assessing Officer or the Appellate Authority regarding the application of Sub-Section (3) of Section 29. There was no evidence of the assessee admitting to tax liability in returns or proceedings. The lower authorities assumed that the price of country made liquor included tax, leading to the collection and deposit of tax from purchasers, thereby rejecting the refund claim.

In conclusion, the High Court dismissed both Revision Applications due to the lack of evidence supporting the application of Sub-Section (3) of Section 29 and the erroneous assumption by the lower authorities regarding the inclusion of tax in the price of country made liquor.