2020 (2) TMI 1191 - HC - VAT and Sales Tax

Principles of Natural Justice - proper investigations not carried out - Benefit of Concessional rate of tax - belated filing of the declaration in Form 'C' without sufficient reasons - also such declaration forms could not be furnished by the Assessee at the appellate stage - HELD THAT - In the present case, the two appellate authorities have concurrently failed to appreciate not only the fact that the Assessee was entitled to file the 'C' declaration forms even at the appellate stage, which was nothing but continuation of the assessment proceedings, but also, they being the fact finding authority, were entitled to peruse the facts as the assessment authority. Also, without assigning any valid reason, the appellate authorities have just rejected the declaration forms, causing unnecessary further litigation. The only exercise they could have undertaken was to see the genuineness of the declaration forms and in normal circumstances, the same should have been accepted by the appellate authority in the first instance. Matter remanded back to the Assessment Authority for checking the declaration forms, which were produced before the first appellate authority on record and allow suitable concessional rate of tax in accordance with law - petition allowed by way of remand.

Issues:
1. Belated filing of declaration in Form 'C' without sufficient reasons.
2. Validity of allowing 'C' form at the appellate stage.
3. Interpretation of legal propositions and circulars.
4. Failure to consider efforts made by the Assessee in obtaining 'C' forms.
5. Rejection of declaration forms by appellate authorities without valid reasons.

Issue 1: Belated filing of declaration in Form 'C' without sufficient reasons

The Assessee, M/s. ABB Limited, filed a writ petition challenging the Sales Tax Appellate Tribunal's decision, which upheld the first appellate authority's order disallowing belated filing of the declaration in Form 'C' without sufficient reasons for concessional tax rates under the Central Sales Tax Act. The Tribunal revised the assessment, disallowing exemption and levying tax on specific turnovers due to the Assessee's failure to furnish 'C' declaration forms in time. The Appellate Assistant Commissioner also rejected the Assessee's contentions, citing the need for sufficient cause to admit declaration forms, as per precedents set by the Madras High Court. The High Court emphasized the importance of proving sufficient cause for late submission of 'C' forms and upheld the disallowance of concessional tax rates based on the available records.

Issue 2: Validity of allowing 'C' form at the appellate stage

The petitioner relied on legal precedents, including the Supreme Court's decision in the case of "State of Andhra Pradesh -Vs- Hyderabad Asbestos Cement Production Ltd.," affirming that production of 'C' forms at the appellate stage is permissible if sufficient cause for delay is shown. Circulars issued by the Revenue Department were also referenced to support this argument. The Special Government Pleader did not dispute these legal propositions. The High Court highlighted the importance of demonstrating sufficient cause for not filing 'C' forms earlier and the necessity for the appellate authority to consider such reasons before accepting forms at the appellate stage.

Issue 3: Interpretation of legal propositions and circulars

The Court extensively quoted legal judgments and circulars to emphasize the requirement of proving sufficient cause for delayed submission of 'C' forms. The circular dated 01.02.2000 clarified the need for assessing authorities to consider genuine reasons for late submissions and take appropriate actions based on established precedents. The Court stressed that the power to allow further time for filing 'C' forms should be exercised judiciously, considering the facts of each case and the reasons provided by the Assessee.

Issue 4: Failure to consider efforts made by the Assessee in obtaining 'C' forms

The Assessee made continuous efforts to obtain 'C' forms from purchasers, sending reminders and pursuing them diligently. Despite these efforts, the forms were only procured during the appeal process and presented before the appellate authority. However, the Appellate Authority disregarded these efforts, stating insufficient reasons for the delayed submission of 'C' forms. The High Court recognized the Assessee's persistent attempts and highlighted the importance of considering such efforts in assessing the validity of late submissions.

Issue 5: Rejection of declaration forms by appellate authorities without valid reasons

The Court observed that the appellate authorities failed to appreciate the Assessee's entitlement to file 'C' declaration forms at the appellate stage and the necessity to review the facts as the assessment authority. Without valid reasons, the appellate authorities rejected the declaration forms, leading to unnecessary litigation. The High Court emphasized that the genuineness of the forms should have been assessed, and the forms should have been accepted unless proven otherwise. Consequently, the Court allowed the writ petition, remanding the matter to the Assessment Authority for reevaluation of the declaration forms and appropriate tax rate adjustments in accordance with the law.

The High Court's detailed analysis of the issues involved in the judgment showcases the importance of proving sufficient cause for delayed submissions, the validity of allowing 'C' forms at the appellate stage, and the necessity for appellate authorities to consider efforts made by the Assessee in obtaining necessary documentation. The interpretation of legal propositions and circulars further solidifies the Court's decision to remand the matter for a reassessment based on established legal principles and precedents.

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