2013 (4) TMI 430 - HC - VAT and Sales Tax

Supreme Court clarifies tax jurisdiction: Assessing authorities, not High Court, decide inter-State sales

The Supreme Court held that determinations of whether a sale is inter-State or intra-State for tax purposes fall under the jurisdiction of assessing ... Intra-State sales v/s inter-State - Held that:- As decided in M/s Zunaid Enterprises & Ors. vs. State of M.P.& Ors. (2012 (3) TMI 285 - SUPREME COURT OF INDIA) merely based on certain clauses in the agreement it ought not to have decided and declared that the transactions in question would be purely and simply intra-State sales and not inter-State sales. Whenever a question arises as to whether a sale is inter- State sale or not, it has to be answered with reference to Section 3 and Section 3 alone As the relevant facts were not before the Court nor the finding of the assessing authority to decide whether the transactions in question are intra-State sales or inter-State which are exigible to taxes under the VAT Act or taxes under the provisions of the Central Sales Tax Act the matter is remanded back to the Assessing Officer with the same directions as are contained in M/s Zunaid Enterprises & Ors. vs. State of M.P.& Ors. (supra), Issues:1. Determination of whether a sale is inter-State or intra-State for tax purposes.2. Jurisdiction of High Court in entertaining writ petitions under Article 226 of the Constitution.3. Application of provisions of Central Sales Tax Act, 1956 and Value Added Tax Act.4. Refund of excess tax collected and acceptance of C-Forms.5. Authority of assessing officers to adjudicate on tax matters.Issue 1: Determination of Sale as Inter-State or Intra-State:The High Court entertained a petition seeking a writ of mandamus to treat a sale as inter-State. However, the Apex Court held that such determinations are factual and fall under the jurisdiction of assessing authorities. The High Court should not decide on inter-State sales solely based on clauses in agreements. The Apex Court set aside the High Court's orders and directed the appellants to file returns for adjudication by the assessing authority. The assessing authority was instructed to determine the nature of sales based on facts and law, uninfluenced by previous observations.Issue 2: Jurisdiction of High Court in Writ Petitions:The Apex Court emphasized that the High Court should not entertain writ petitions under Article 226 for determining inter-State sales as it involves a mix of law and fact. The Apex Court directed appellants to file returns before the assessing authority for proper adjudication. The High Court's decision was set aside, and assessing authorities were tasked with determining the nature of sales in accordance with the law.Issue 3: Application of Tax Laws:The petition sought a declaration that tax collection under the State Act was unauthorized and fell under the Central Sales Tax Act. The Apex Court directed the assessing authority to determine the tax liability under the appropriate Act after the filing of returns. The matter was remanded to the Assessing Officer for a final decision on the nature of sales and tax applicability based on the material presented.Issue 4: Refund of Excess Tax and C-Forms:The petitioner requested a refund of excess tax collected under the guise of Value Added Tax and acceptance of C-Forms. The Apex Court's order did not address the refund directly but directed the assessing authority to adjudicate on the tax matters after the filing of returns. The Assessing Officer was instructed to determine the nature of sales and tax liability based on facts and law.Issue 5: Authority of Assessing Officers:The Division Bench of the High Court in another case directed the matter to be remanded to the Assessing Officer for proper adjudication in line with the Apex Court's judgment. The Assessing Officer was tasked with deciding the nature of sales and tax applicability based on the facts and law presented. The High Court disposed of the petition with directions for the Assessing Officer to make a final determination after providing an opportunity to the petitioner to file returns.In conclusion, the judgment highlighted the importance of factual determinations by assessing authorities in deciding the nature of sales for tax purposes, emphasizing the jurisdictional limitations of the High Court in entertaining such matters under Article 226 of the Constitution. The Apex Court's directives aimed at ensuring proper adjudication by the assessing officers based on facts and legal provisions, ultimately guiding the resolution of tax disputes in accordance with the law.