1973 (7) TMI 85 - HC - VAT and Sales Tax

Turnover escape assessment triggers application of Kerala Sales Tax Act; Court dismisses revision cases

The court held that the turnover of the revision petitioner had indeed escaped assessment, justifying the application of section 19(1) of the Kerala ... - Issues:Assessment of sales tax on revision petitioner for three years under section 19(1) of the Kerala General Sales Tax Act, 1963.Detailed Analysis:1. Question of Law and Justification of Proceeding under Section 19(1):The revision petitioner contested the assessment under section 19(1) of the Act, arguing that the turnover had not escaped assessment, making the proceeding unjustified. The contention was based on the wording of section 19, emphasizing the requirement that the turnover must have escaped assessment. The Sales Tax Officer received information suggesting that the business conducted by another firm was actually owned and operated by the revision petitioner. The Tribunal confirmed that the firm did not exist, and the turnover belonged to the revision petitioner. The court held that the turnover of the revision petitioner had indeed escaped assessment, thus justifying the application of section 19(1) of the Act.2. Application of Legal Principles from Other Acts:The court referred to the Madhya Pradesh High Court and Supreme Court decisions, which supported the interpretation that the turnover of a dealer, in this case, the revision petitioner, had escaped assessment, allowing the Sales Tax Officer to proceed under section 19(1). Additionally, principles from the Indian Income-tax Act, 1961 were cited, highlighting that income deemed to have escaped assessment should be charged in the proper assessment year, irrespective of previous assessments. The court found no material difference in the wording of the relevant sections between the two Acts, supporting the application of principles from the Income-tax Act to interpret the Sales Tax Act.3. Avoidance of Double Taxation and Revenue Adjustments:The revision petitioner raised concerns about potential double taxation, as the turnover had been previously taxed in the hands of the firm. The court acknowledged the issue and directed the revenue to make necessary adjustments to avoid unjust double taxation. Referring to a Supreme Court judgment, the court emphasized the need for adjustments to prevent taxation of the same income twice. The revenue assured that adjustments would be made, either by offsetting payments made by the revision petitioner or refunding amounts paid by others, before initiating revenue recovery proceedings.4. Dismissal of Petitions:Despite numerous decisions cited during the proceedings, the court found the arguments presented sufficient to address the issues at hand. Consequently, the court dismissed the tax revision cases, subject to the directions provided regarding adjustments to prevent double taxation. The parties were not ordered to bear any costs in the matter.