1966 (11) TMI 78 - HC - VAT and Sales Tax

High Court restores original assessment, emphasizing scrutiny of legality and procedural irregularities

BB. Astekar Versus Commissioner of Commercial Taxes, Mysore

The High Court of Mysore allowed the appeal by the assessee, setting aside the Commissioner of Commercial Taxes' revision order that overturned the ... - Issues:1. Interpretation of sales tax laws regarding works contract vs. sale of goods.2. Assessment of liability for sales tax on the transaction of building bus bodies.3. Review of orders by appellate and revisional authorities under the Mysore Sales Tax Act of 1957.The High Court of Mysore heard an appeal by an assessee against an order made by the Commissioner of Commercial Taxes regarding the liability for sales tax on the transaction of building bus bodies. The Assistant Commercial Tax Officer initially held the assessee liable for sales tax, considering the transaction as a sale of completed bus bodies. The appellate authority, the Assistant Commissioner of Commercial Taxes, overturned this decision, emphasizing that the contracts were for construction of motor bodies and not for the sale of motor bodies as chattel. The Commissioner of Commercial Taxes, in his revision order, relied on legal principles from Supreme Court judgments to support his decision to set aside the appellate authority's order and restore the original assessment. However, the High Court noted that the revisional authority failed to examine whether the appellate authority's order suffered from any illegality or impropriety, as required by law. The Court held that the revisional order lacked justification for interfering with the appellate authority's decision, leading to the allowance of the appeal and setting aside of the Commissioner's revision order. The Court emphasized the importance of scrutinizing orders for legality and procedural irregularities in the revision process under the Mysore Sales Tax Act of 1957.