1961 (6) TMI 11 - HC - VAT and Sales Tax

High Court upholds valid assessment order under Bihar Sales Tax Act; no Commissioner sanction needed

Commissioner of Sales Tax, Bihar Versus Ayurveda Prachar Samiti

The High Court determined that the assessment order under section 13(5) of the Bihar Sales Tax Act was valid and did not require Commissioner's sanction ... - Issues:Registration under Bihar Sales Tax Act, Assessment under section 13(5) of the Act, Validity of assessment order, Need for Commissioner's sanction for review, Interpretation of relevant sections and rules.Analysis:The case involved the assessee applying for registration under the Bihar Sales Tax Act, stating a turnover exceeding the limit. A registration certificate was granted, but later it was found that the business existed before the stated period. An assessment was initiated under section 13(5) for the period prior to registration, as the assessee failed to produce relevant books. The Board of Revenue held the assessment illegal, citing lack of Commissioner's sanction for review. The High Court was asked to determine if the assessment order was a review requiring such sanction.The argument presented was whether the assessment order amounted to a review under the Act, necessitating the Commissioner's sanction as per the Sales Tax Rules. The Court agreed with the State's argument that the Superintendent's order of registration did not preclude assessment for periods prior to registration. The Court highlighted the distinction between registration powers and assessment authority under the Act.The Court emphasized that the Superintendent's power was limited to registration matters and did not extend to assessing tax liability for periods not covered by registration. The Court referenced section 13(5) of the Act, which allows for assessment in cases where a dealer willfully fails to apply for registration. The Court concluded that the assessment in question fell within the scope of section 13(5) and was legally valid, not requiring review or Commissioner's sanction.Ultimately, the Court ruled in favor of the State, stating that the assessment order was not a review under the Act, and no Commissioner's sanction was needed. The Court held the assessee liable for the costs of the reference. The decision clarified the distinction between registration and assessment powers under the Bihar Sales Tax Act, affirming the validity of the assessment in this case without the need for review or additional sanction.