2001 (12) TMI 867 - HC - VAT and Sales Tax

Court Allows Revisions, Sets Aside Orders, Validates Claims

M/s. Kanha Vanaspati Limited, Ujhani Distt. Budaun Versus The Commissioner of Trade Tax, U.P.

The court allowed all three revisions, set aside the impugned orders, and remanded the cases for reassessment. The court emphasized that compliance with ... - Issues Involved:1. Compliance with Section 6-A of the Central Sales Tax Act.2. Compliance with Rule 4(4) of the Rules framed in U.P. under the Central Sales Tax Act.3. Discrepancies in consignment sales declarations and Forms-F.4. Validity of the assessment orders for the years 1994-95, 1995-96, and 1996-97.Detailed Analysis:Compliance with Section 6-A of the Central Sales Tax Act:The revisionist claimed consignment sales for the assessment years 1994-95, 1995-96, and 1996-97, but the Assessing Authority rejected these claims due to insufficient documentation. Section 6-A requires two conditions to be met: submission of Form-F and evidence of dispatch. The revisionist provided 56 Forms-F for 1994-95, 105 Forms-F for 1995-96, and relevant forms for 1996-97. The court noted that the burden of proof under Section 6-A was met by the revisionist through the submission of these forms and dispatch advice. The court emphasized that the dealer is not responsible for verifying the authenticity of Forms-F if they appear genuine and are signed by the appropriate authorities.Compliance with Rule 4(4) of the Rules framed in U.P. under the Central Sales Tax Act:The Assessing Authority rejected the consignment sales claims due to non-compliance with Rule 4(4), which requires maintaining specific records. The court held that Rule 4(4) is directory, not mandatory. The court referenced the Madras High Court's decision in Dhandapani vs. State of Tamil Nadu, which held that similar rules were directory. The court concluded that the revisionist's failure to comply with Rule 4(4) did not invalidate the consignment sales claims since the primary requirements under Section 6-A were met.Discrepancies in Consignment Sales Declarations and Forms-F:The Assessing Authority identified discrepancies in the consignment sales declarations and Forms-F. For 1994-95, the revisionist initially claimed sales worth Rs. 20,77,06,662 but provided Forms-F for Rs. 18,69,22,495. Similar discrepancies were noted for 1995-96 and 1996-97. The court found that the discrepancies were adequately explained by the revisionist and that no defects were found in the Forms-F submitted. The court also noted that the revisionist could not be held responsible for any misuse or theft of Forms-F by other dealers.Validity of the Assessment Orders for the Years 1994-95, 1995-96, and 1996-97:The court examined the assessment orders and found that the Assessing Authority did not provide sufficient written doubts about the correctness or completeness of the returns submitted by the revisionist. The court emphasized that under Section 7(3) of the U.P. Trade Tax Act and Rule 41(8), the Assessing Authority must give the dealer a reasonable opportunity to prove the correctness of their returns. The court concluded that the assessment orders for all three years were not sustainable due to procedural lapses and inadequate consideration of the evidence provided by the revisionist.Conclusion:The court allowed all three revisions, set aside the impugned orders passed by the Tribunal, and remanded the cases for reassessment. The court directed the Tribunal to fix the tax liability of the revisionist in light of the observations made in the judgment. The court reiterated that compliance with Rule 4(4) is directory and that the primary requirements under Section 6-A were met by the revisionist, thereby validating the consignment sales claims.