1983 (3) TMI 235 - HC - VAT and Sales Tax

Tribunal's Power Upheld: Revisional Authority Can Modify Assessing Orders

P. Hajee Mohamed Saliah & Co. Versus The State of Tamil Nadu

The High Court upheld the Tribunal's decision, affirming the revisional authority's power under section 32 of the Tamil Nadu General Sales Tax Act, 1959, ... - Issues:1. Interpretation of the power of revisional authority under section 32 of the Tamil Nadu General Sales Tax Act, 1959.Analysis:The case involved a dispute regarding the power of the revisional authority under section 32 of the Tamil Nadu General Sales Tax Act, 1959, to revise and refix the taxable turnover. The assessee, a tanner and dealer in hides and skins, had claimed exemption on certain turnover which was later found to be erroneous by the Deputy Commissioner, who then cancelled the exemption and brought the turnover to charge. The Tribunal upheld the Deputy Commissioner's decision, leading to the appeal before the High Court.The main contention raised was whether the revisional authority had the power to modify the order of the assessing authority and refix the taxable turnover. The appellant argued that the Tribunal's decision was contrary to a previous judgment, Rajagopala Naicker v. Government of Pondicherry, which stated that the revisional authority could only restore the order of the assessing authority or direct a fresh determination of turnover. However, the High Court distinguished the present case from Rajagopala Naicker as it involved a different scenario where the revisional authority disallowed an exemption granted wrongly by the assessing authority, rather than conducting a fresh determination of turnover.The High Court analyzed the statutory provisions and previous judgments to determine the scope of the revisional authority's power. It was observed that the Deputy Commissioner, under section 32, had the authority to 'pass such order as he thinks fit,' which included the power to modify the order of the subordinate authority by refixing the taxable turnover. The Court cited precedents such as Hukumchand Mills Ltd. v. Commissioner of Income-tax to support the broad interpretation of the revisional authority's powers.In conclusion, the High Court upheld the Tribunal's decision, stating that the Deputy Commissioner had the authority to modify the order and refix the taxable turnover based on the incorrect exemption granted by the assessing authority. The Court dismissed the tax case, affirming the revisional authority's power to revise and refix the turnover under section 32 of the Act.