9911796707
TMI Blog1992 (6) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... scrutiny, during the course of assessment, found sixteen C forms to be defective and disallowed the claim for the concessional amount in respect of those turnover covered by the said C forms. The turnover in question relating to the said C forms is Rs. 1,31,467.26 and the said turnover was subjected to the levy at 13 per cent. The total taxable turnover of the assessee was determined at Rs. 3,48,46,209.50 by the proceedings dated December 15, 1980. 2.. Objecting to the rejection of the said sixteen C forms and the denial of the concessional rate of taxation, the petitioner filed an appeal before the first appellate authority who confirmed the order of the assessing authority in this regard and rejected the appeal. Thereupon, the matter ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of the learned counsel appearing on either side. In our view the conclusion of the authorities below to reject the C forms totally and thereby deny the concessional rate of taxation to the assessee does not appear to be correct. The provisions in section 8(1) and (4) of the Act read with the Rules referred to supra provides that a registered dealer shall be entitled to the benefit of the concessional rate of taxation if such dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filled and signed by the registered dealer to whom the goods are sold containing prescribed particulars in a prescribed form obtained from the prescribed authority. The statutory form has been prescribed and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C forms in conformity with the Rules as on the date of the issue of the C forms by the purchasing dealer cannot be said to be contrary to law, the learned Additional Government Pleader (Taxes) would contend that even though the form is produced after the amendment it should conform to the requirement of the Rules as found in force during the assessment year in question. 7.. The real object and purpose behind the provision for purchasing the necessary C form is to ensure that the sale was to a person and for the purposes contemplated in law and set out in the C form itself. The defect alleged in respect of the sixteen C forms in question, in our view, cannot be said to be so fundamental in respect of any essential feature going to the root ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The requirement relating to the monetary limit in respect of more than one transaction for an individual C form in our view would at the most be a directory requirement and cannot be construed to be a mandatory one so as to undermine the very efficacy or validity of the C forms themselves warranting their rejection. Consequently, we are of the view that the reasons which weighed with the authorities below to reject the C forms cannot have our approval in law and the order of the Tribunal is therefore set aside. Since the C forms in question were rejected only on this sole ground and not on any other ground, we see no reason to remit the matter and we declare that the petitioner shall be entitled to the concessional rate of taxation in re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
