2005 (2) TMI 779 - HC - VAT and Sales Tax

Court rules in favor of petitioner, orders reassessment under section 17(6) of sales tax act, awards costs.

Raghavendra Sherrigar Versus Assistant Commissioner of Commercial Taxes, VI Circle, Hubli and another

The court found in favor of the petitioner, highlighting arbitrary and mala fide actions by the assessing officer. The court quashed the assessment and ... - Issues Involved:1. Arbitrary and mala fide action by the assessing officer.2. Denial of benefit of tax payment by composition under section 17(6) of the Karnataka Sales Tax Act, 1957.3. Non-application of mind in assessing tax turnover.4. Dispute regarding submission of form 8-AA.5. Computation of tax payable under section 5-B of the Act.6. Rejection of rectification application and appeal.7. Application of the deeming provision under the amending Act 26 of 2004.8. Respondents' objections to the writ petition.9. Harassment and unjust treatment of the petitioner.Detailed Analysis:1. Arbitrary and Mala Fide Action by the Assessing Officer:The court found that the assessing officer acted arbitrarily and with mala fide intent. The officer denied the benefit of tax payment by composition under section 17(6) despite clear evidence that the assessee had opted for it.2. Denial of Benefit of Tax Payment by Composition:The assessee had opted for tax payment by composition under section 17(6) of the Karnataka Sales Tax Act, 1957. However, the assessing officer denied this benefit and passed the assessment order disregarding the provision.3. Non-application of Mind in Assessing Tax Turnover:The assessment order was flawed due to non-application of mind. The officer levied tax on the entire turnover at 10 percent without deducting the value of non-taxable goods and services, making the order untenable.4. Dispute Regarding Submission of Form 8-AA:The respondents claimed that the form 8-AA was not received, but the assessee provided copies of the form dated April 16, 1999, and a return in form 4 dated June 8, 2001, indicating the composition option. The court found sufficient evidence supporting the assessee's claim.5. Computation of Tax Payable Under Section 5-B:The dispute centered on whether the assessee should pay tax at 4 percent on the entire contract value under section 17(6) or at 10 percent on the value of taxable goods under section 5-B. The court found that the assessee had opted for the 4 percent composition rate.6. Rejection of Rectification Application and Appeal:The assessee's rectification application was rejected, and the appeal to the Joint Commissioner of Commercial Taxes was also dismissed. The court noted that the assessing officer's refusal to rectify the assessment was unjustified.7. Application of the Deeming Provision Under the Amending Act 26 of 2004:The assessee filed another rectification application under the new provision, which was not acted upon within sixty days. The court held that the application should be deemed allowed under the deeming provision.8. Respondents' Objections to the Writ Petition:The respondents argued that the writ petition was not tenable due to the previous rejection of the rectification application and appeal. The court dismissed these objections, emphasizing the need for justice over technicalities.9. Harassment and Unjust Treatment of the Petitioner:The court highlighted the undue harassment and suffering caused to the petitioner by the assessing officer's actions. It stressed that honest taxpayers should not be subjected to such treatment.Conclusion:The court issued a writ of certiorari, quashing the assessment order and the appellate order. It directed the assessing officer to conclude the assessment based on the composition option under section 17(6). The court also awarded costs to the petitioner and directed an investigation into the assessing officer's conduct.