2025 (1) TMI 624 - HC - VAT / Sales Tax

Benefit of concessional rate of tax - Whether the appellant could indeed be treated as one who had been permitted to pay tax on compounded basis under Section 7 of the KGST Act? - an application was filed for compounded tax under Section 7 of the KGST Act - HELD THAT - In the absence of any positive action by the State, on the application preferred by the appellant dealer, one has to go by the conduct of the parties in arriving at a finding as to whether or not there was a consensus between the assessee and the department on the method of payment of tax by the assessee - while there was an application preferred by the appellant seeking permission from the department to pay tax on compounded basis in accordance with Section 7 of the KGST Act, there was no permission expressly granted by the department within the period of one year for which the permission was sought by the appellant. In terms of offer and acceptance, the offer made by the appellant was never accepted by the department. Further, looking to the conduct of the appellant assessee during the said period, we find that even that does not support a finding that the assessee intended to pay tax on compounded basis since the assessee had admittedly paid the tax in accordance with the provisions of Section 5 of the KGST Act. This is borne out by the figures showing payment of tax, despite the fact that those figures were inserted in a return that was meant to be used by paying tax under Section 7 of the KGST Act. For the purposes of assessment year 2021-22, there was no consensus between the assessee and the department on the aspect of payment of tax on compounded basis. This being the case and the compounded basis of payment of tax being an alternate method to the regular method of payment of tax envisaged under Section 5 of the Act, in the absence of any express indication that would clearly point to the exercise of an option by the assessee to pay tax on compounded basis, the assessee had only decided to pay tax in accordance with the regular provisions in accordance with Section 5 of the KGST Act. Once it is found that the actual payment of tax by the assessee during the assessment year 2021-22 was in accordance with the provisions of Section 5 of the KGST Act and not in accordance with Section 7 of the KGST Act, the conclusion is inescapable that the benefit of concessional rate of tax, that was announced by the State Government in respect of tax paid by bar attached hotels, would enure to the appellant assessee as well. Conclusion - The department could not after the expiry of the assessment year in question have accepted an application for compounding, which was no longer relevant, and further completed an assessment based thereon against the assessee. Petition allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the appellant, having filed an application for compounded tax under Section 7 of the KGST Act, can be treated as having been permitted to pay tax on a compounded basis despite the absence of formal acceptance by the department within the relevant assessment year.
Whether the appellant is entitled to the benefit of the concessional tax rate applicable to bar-attached hotels, given the payment of tax under the regular provisions of Section 5 of the KGST Act.
Whether the department's acceptance of the compounding application after the relevant assessment year and the subsequent assessment based on it are legally sustainable.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Compounded Tax Permission

Relevant legal framework and precedents: The KGST Act allows for payment of tax on a compounded basis under Section 7. The precedent case of State of Kerala v. Kalyanaraman was considered, where the court held that acting in accordance with a compounding application binds the assessee to it.
Court's interpretation and reasoning: The court reasoned that the absence of a formal acceptance of the application by the department, coupled with the appellant's payment of tax under Section 5, indicated no consensus on compounded tax payment.
Key evidence and findings: The appellant paid tax as per Section 5 and not Section 7, despite using the wrong form. There was no departmental communication correcting this during the assessment year.
Application of law to facts: The court applied principles of contract formation, finding no acceptance of the appellant's offer to pay on a compounded basis by the department.
Treatment of competing arguments: The appellant argued that the department's inaction and their payment under Section 5 should not bind them to compounded tax. The department contended that the application and return form usage indicated an obligation to pay compounded tax.
Conclusions: The court concluded that there was no mutual agreement on compounded tax payment, thus the appellant was not bound by it for the assessment year 2021-22.

Issue 2: Concessional Tax Rate Entitlement

Relevant legal framework and precedents: The State Government's notification reducing the tax rate for bar-attached hotels from 10% to 5% was relevant.
Court's interpretation and reasoning: The court interpreted that since the appellant paid tax under Section 5, they were entitled to the concessional rate applicable to regular tax payers.
Key evidence and findings: The appellant's actual tax payments were under Section 5, aligning with the concessional rate criteria.
Application of law to facts: The court determined the appellant's tax payments aligned with the regular tax provisions, thus qualifying them for the concessional rate.
Treatment of competing arguments: The department argued the appellant was bound to compounded tax, thus ineligible for the concession. The court rejected this, citing the lack of formal acceptance of compounded tax.
Conclusions: The appellant was entitled to the concessional tax rate for the assessment year 2021-22.

Issue 3: Legality of Department's Actions

Relevant legal framework and precedents: The KGST Act and principles of administrative law regarding timely decision-making were considered.
Court's interpretation and reasoning: The court found the department's delayed acceptance of the compounding application and subsequent assessment unsustainable.
Key evidence and findings: The department's actions occurred after the assessment year, rendering them irrelevant.
Application of law to facts: The court applied principles of fairness and timeliness, finding the department's actions procedurally flawed.
Treatment of competing arguments: The department argued for its right to assess within four years. The court focused on the lack of timely acceptance of the compounding application.
Conclusions: The department's actions were legally unsustainable, and the orders were quashed.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "In terms of offer and acceptance, the offer made by the appellant was never accepted by the department."
Core principles established: The absence of formal acceptance of a compounding application by the department negates any binding obligation on the assessee to pay tax on a compounded basis.
Final determinations on each issue: The appellant was not bound to pay tax on a compounded basis for the assessment year 2021-22 and was entitled to the concessional tax rate. The department's delayed actions were procedurally flawed, leading to the quashing of the impugned orders.

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