2005 (2) TMI 781 - HC - VAT and Sales Tax

High Court sets aside order, emphasizes cross-examination for tax liability determination

TM. Rajaganapathi Traders Versus Commercial Tax Officer, Salem

The High Court of Madras set aside the respondent's order following a remand by the Appellate Assistant Commissioner, directing the respondent to provide ... - Issues involved: Challenge to order of respondent dated December 28, 2004 after remand by Appellate Assistant Commissioner to provide opportunity for cross-examination of seller regarding alleged purchase of refined sunflower oil.Summary:The High Court of Madras considered the challenge in the writ petitions against the order of the respondent dated December 28, 2004, following a remand by the Appellate Assistant Commissioner. The Appellate Assistant Commissioner had directed the respondent to provide an opportunity for cross-examination of the seller at Bangalore regarding the alleged purchase of refined sunflower oil. The petitioner had approached the Tamil Nadu Taxation Special Tribunal, Chennai, which held that the respondent should invoke powers under section 54 of the Tamil Nadu General Sales Tax Act, 1959 to summon the seller for cross-examination.Section 54 of the Tamil Nadu General Sales Tax Act, 1959 grants the assessing authority powers similar to those of a court under the Code of Civil Procedure, including summoning individuals, taking oaths, and compelling document production. The respondent's order stated that the seller from Bangalore was summoned for cross-examination but did not cooperate, leading to the respondent passing orders based on available materials.The High Court noted that the respondent did not fully utilize the powers under section 54, as merely issuing summons without ensuring the presence of the concerned dealer for cross-examination was insufficient. Without the dealer's examination, relying on materials related to the dealer for determining tax liability would be improper.Consequently, the Court set aside the impugned orders and directed the respondent to conduct proceedings afresh, utilizing all powers under section 54 to ensure the presence of the dealer for cross-examination. Compliance with the provisions of the Tamil Nadu General Sales Tax Act was emphasized for the proper determination of tax liability. The writ petitions were disposed of with no costs, and connected miscellaneous petitions were closed.