2015 (12) TMI 1249 - HC - VAT and Sales Tax

High Court rules in favor of Appellant, exempts non-motor vehicle dealers under DVAT Act

The High Court set aside the Tribunal's orders and ruled in favor of the Appellant, allowing the appeal without costs. The Court held that dealers not ... Denial of exemption claim - Whether in view of the judgment of this Court in Anand Decor v. Commissioner of Trade & Taxes, [2014 (12) TMI 1024 - DELHI HIGH COURT], the sale price received by the Appellant on sale of used motor vehicles could not be included in the turnover as it was exempt from tax under Section 6(3) of the DVAT Act, 2004 - Held that:- counsel for the Respondent, informs the Court that the Respondent has challenged the decision of this Court in Anand Decor (supra) by way of a Special Leave Petition ('SLP') which is pending in the Supreme Court. Mr. Narayan fairly stated that in the light of the Appellant's statement in its modification application before the Tribunal that it fulfils all the conditions for availing the exemption under Section 6 (3) of the DVAT Act, the judgment in Anand Decor (supra) would cover the case of the Appellant as well. Mr. Narayan added that the Respondent would be free to proceed in accordance with law against the Appellant in the event that the judgment of this Court in Anand Decor (supra) is reversed by the Supreme Court. - Court does not have to speculate what the outcome of the Respondent's SLP in the Supreme Court might be, as far as this Court is concerned, its judgment in Anand Decor (supra) would cover the case of the Appellant as well - Impugned order is set aside - Decided in favour of assessee. Issues:- Appeal against order under DVAT Act- Exemption of sale price under Section 6(3) of DVAT Act- Review of orders by various authorities- Interpretation of sale of vehicles as per DVAT ActAnalysis:1. The appeal under Section 81(2) of the DVAT Act challenged the order by the Appellate Tribunal regarding the inclusion of sale price of used motor vehicles in turnover. The main question was whether the sale price could be exempt from tax under Section 6(3) of the DVAT Act, based on a previous judgment.2. The Appellant, a registered dealer, faced default assessment for not paying tax on the sale of vehicles. The Value Added Tax Officer directed the Appellant to pay the due amount along with a penalty. The Appellant objected, arguing that the sale of vehicles was not its main business activity, hence not liable for VAT on such sales.3. The Objection Hearing Authority rejected the Appellant's objections. Subsequently, the Appellant sought a review under Section 74(B) (5) of the DVAT Act, which was also dismissed for raising a fresh ground.4. The Tribunal initially held that the sale of vehicles purchased by a company falls under the definition of sale as per the DVAT Act. However, a judgment by the High Court in another case clarified that dealers not primarily in the business of motor vehicles could be exempt under Section 6(3) of the DVAT Act.5. The Tribunal, upon a review application, remanded the matter back to the VATO for reassessment. The Appellant, relying on the High Court judgment, sought modification of the Tribunal's orders, which was rejected as not maintainable by the Tribunal.6. The High Court noted that the judgment in the previous case covered the Appellant's situation as well. Considering this, the High Court set aside the Tribunal's orders and ruled in favor of the Appellant, allowing the appeal without costs.