1963 (6) TMI 30 - HC - VAT and Sales Tax

Tax Option Timing Critical: Must Choose Compounded Tax at Initial Assessment

Deputy Commissioner of Commercial Taxes, Madras Division, Madras-7 Versus P. Gajapathy Mudaliar

The High Court held that the option to pay compounded tax under section 7 of the Madras General Sales Tax Act, 1959 must be exercised before the first ... - Issues:- Interpretation of section 7 of the Madras General Sales Tax Act, 1959 regarding the option to pay compounded tax.- Whether the assessee can exercise the option for compounded tax at any stage of the assessment proceedings.Analysis:The judgment deals with a revision petition filed by the State objecting to the Sales Tax Appellate Tribunal's decision granting permission to the assessee to pay compounded tax under section 7 of the Madras General Sales Tax Act, 1959. The Tribunal allowed the assessee to avail the benefit of composition of tax under section 7, despite objections from the department regarding the rejection of account books and estimation of turnover. The Tribunal held that the assessee could exercise the option for compounded tax at any stage of the proceedings, original or appellate, as there is no time limit imposed by the statute. However, the High Court disagreed with the Tribunal's interpretation, emphasizing that the option must be exercised before the assessing authority and not at a later stage like before the Appellate Assistant Commissioner or the Appellate Tribunal.The Court highlighted the language of section 7, which indicates that the option for paying tax at a compounded rate should be exercised at the earliest instance, i.e., before the first assessing authority. The Court rejected the idea of permitting the option to be exercised at any time before the assessment proceedings are finalized. The judgment emphasized that the statutory provisions must be strictly construed, especially when they provide a benefit to the assessee. The Court stated that the intention of the Legislature can be inferred from the clear terms of the statute and the rules framed thereunder. Referring to a previous Division Bench decision, the Court reiterated that the option under section 7 must be exercised at the commencement of the year when the dealer submits the return, and not at the final assessment stage.Ultimately, the High Court allowed the revision petition, setting aside the Tribunal's order directing the department to levy tax under section 7 of the Act. The Court concluded that the assessee should have exercised the option for compounded tax only at the primary assessment stage and not at a later point in the proceedings.