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2019 (1) TMI 307 - HC - VAT and Sales TaxDeemed Sales or not - purchase of the stone grit has been made from the registered dealer without issuing Form-3A - further sale of such stone grits to the person other than the registered dealer without furnishing the declaration form - levy of sales tax - N/N. ST-II-5785/X-10(1)-80-UP-Act XV/48-Order-81, dated 07.09.1981 - Held that - The revisionist though has shown in his return the supply of stone grit as exempted from payment of tax and further that the stone grit was purchased from the registered dealers and thereafter was supplied, however, during the course of verification of the book of accounts the assessing authority has noticed that the revisionist has issued the invoices in which he has charged the tax - The tax charged was paid to the revisionist by the purchasers/consumers. The revisionist is liable to pay tax on stone grit treating the same to be sales to the consumer in the hands of the revisionist. Revision petition dismissed.
Issues Involved:
1. Tax liability on the purchase of stone grit from a registered dealer without issuing Form-3A. 2. Tax liability on subsequent sales of stone grit to non-registered dealers or consumers without furnishing Form-3A. 3. Interpretation of Section 3-AAA of the U.P. Trade Tax Act and Rule 12-A of the U.P. Trade Tax Rules. 4. Burden of proof regarding tax payment on stone grit purchases. Issue-wise Detailed Analysis: 1. Tax Liability on the Purchase of Stone Grit from a Registered Dealer Without Issuing Form-3A: The applicant, engaged in the business of stone grit, claimed exemption from tax on the grounds that stone grit was purchased from a registered dealer without issuing Form-3A, a declaration certificate under Rule 12-A and Section 3-AAA of the U.P. Trade Tax Act. The applicant argued that this purchase should be deemed a sale to the consumer in the hands of the seller, thus exempting the subsequent sale from further tax. However, the court held that the purchases made without issuing Form-3A can indeed be taxed in the hands of the revisionist/dealer/purchaser. 2. Tax Liability on Subsequent Sales of Stone Grit to Non-Registered Dealers or Consumers Without Furnishing Form-3A: The court examined whether the subsequent sale of stone grit to persons other than registered dealers without furnishing Form-3A should be presumed to be a sale to the consumer and thus liable to tax. It was determined that in the absence of Form-3A, the sales by the revisionist to various parties are presumed to be sales to the consumer and are therefore taxable. The court upheld the order of the Tribunal, confirming the tax liability of the revisionist on these sales. 3. Interpretation of Section 3-AAA of the U.P. Trade Tax Act and Rule 12-A of the U.P. Trade Tax Rules: Section 3-AAA stipulates that sales to persons other than registered dealers are deemed sales to the consumer unless proven otherwise by the dealer. Rule 12-A outlines the procedure for claiming tax exemption on such sales by furnishing Form-3A. The court referenced several judgments, including Commissioner of Sales Tax Vs. Dhanna Mal & Sons, to emphasize that without Form-3A, the sale must be taxed as a sale to the consumer. The court affirmed that the revisionist failed to furnish Form-3A, thereby making the sales taxable. 4. Burden of Proof Regarding Tax Payment on Stone Grit Purchases: The court highlighted that the burden of proof lies with the dealer to establish that the tax has been paid on the purchase of stone grit. The revisionist did not provide sufficient evidence to prove that the tax was paid on the purchases. The court referenced the judgment in Hotel Balaji and Others Vs. State of Andhra Pradesh, which stated that if a benefit is claimed by the purchasing dealer, it is their responsibility to prove the fact that enables them to claim the benefit. The revisionist's failure to provide such proof resulted in the court dismissing the revision petition. Conclusion: The court concluded that the purchases of stone grit made from a registered dealer without issuing Form-3A are taxable in the hands of the revisionist. Furthermore, subsequent sales to non-registered dealers or consumers without furnishing Form-3A are also liable to tax. The court upheld the Tribunal's order, affirming the tax liability of the revisionist and dismissed the revision petition.
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