Form F declarations cannot be invalidated merely because covered stock transfers span more than one month.

Form F declarations for stock transfers under section 6A of the Central Sales Tax Act cannot be rejected merely because the transactions covered extend beyond one month. Rule 12(5) requires the declaration to be in form F and permits a single declaration for transfers effected during a calendar month; it does not render the declaration void simply because the covered transactions span more than one month. The revisional authority misread the rule and disallowed the stock transfer claim on an incorrect legal premise, so the disallowance was unsustainable and the revision order could not stand.

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Issues: Whether F forms covering stock transfer transactions for more than one month could be disallowed on the footing that rule 12(5) of the Central Sales Tax (Registration and Turnover) Rules, 1957 permits a declaration only for a period of one calendar month.

Analysis: The impugned revisional order proceeded on the assumption that declarations in form F were invalid merely because the transactions mentioned therein extended beyond one month. Rule 12(5) requires the declaration under section 6A of the Central Sales Tax Act, 1956 to be in form F, and its proviso permits a single declaration to cover transfers effected during a period of one calendar month. The rule does not provide that a declaration becomes void merely because the transactions covered by it extend beyond one month. The revisional authority therefore misconstrued the rule and disallowed the stock transfer claim on an incorrect legal premise.

Conclusion: The disallowance of the F forms was unsustainable and the revisional order was liable to be set aside.

Final Conclusion: The assessment revision founded on the erroneous reading of rule 12(5) could not stand, and the writ petition succeeded.

Ratio Decidendi: A declaration in form F cannot be invalidated merely because the transactions covered by it span more than one month, where the applicable rule permits a single declaration for transfers effected during a calendar month.

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