2016 (2) TMI 244 - HC - VAT and Sales Tax

Court orders respondents to issue C-Forms to petitioner, sets aside rejection. Indemnity bond deadline clarified.

Ingram Micro India Pvt. Ltd. Versus Commissioner, Department of Trade & Taxes & Another

The court held that the respondents were unjustified in rejecting the issuance of C-Forms to the petitioner, Ingram Micro India Pvt. Ltd. The order dated ... Issuance of C-Forms - AO rejected the request made by the Petitioner for issuance of C-Forms in relation to the inter-state purchases - the purchases were not entered in the purchase register to be maintained in Form DVAT-30; the purchases were not shown in the documents produced before the Special Auditor when a special audit was conducted for FYs 2010-11 and 2011-12. Held that:- Petitioner is candid that it made a genuine mistake in the figures disclosed in its revised returns for inter-state purchases made by it. It is pointed out that although in the original returns disclosures were made of inter-state purchases, there was a mistake owing to the wrong understanding by the Petitioner of the purchases that pertained to the FY 2010-11. It is stated that the Petitioner went by the date of delivery of the goods rather than the dates of invoices as the date of sale. It is not the case of the Respondents / revenue that the above assertion is factually incorrect. Importantly, the Court does not find it to be the stand of the Respondents that any of the inter-state purchases, that had escaped inclusion in the revised returns, were not genuine transactions. - it is not the stand of the Respondents that the inter-state purchase transactions in respect of which the C-Forms are being asked for by the Petitioner are not genuine. As far as the furnishing of bank statements is concerned, it is stated that the Petitioner has by a letter dated 10th July 2015 furnished the said documents. This was not a case where the Respondent No. 2 was justified in declining to issue C-Forms to the Petitioner. - department directed to issue the C-Forms - Decided in favor of assessee. Issues Involved:1. Legitimacy of the rejection of the request for issuance of C-Forms.2. Compliance with the statutory requirements for obtaining C-Forms.3. Impact of clerical errors and genuine mistakes on the issuance of C-Forms.4. Examination of the purchase register and relevant documentation.5. The potential adverse impact on tax administration and revenue.Detailed Analysis:Legitimacy of the Rejection of the Request for Issuance of C-Forms:The petitioner, Ingram Micro India Pvt. Ltd. (IMIPL), challenged an order dated 12th June 2015 by the Assistant Commissioner, Department of Trade & Taxes, GNCTD, which rejected their request for issuance of C-Forms for inter-state purchases made during the third and fourth quarters of FY 2010-11. The rejection was based on ten reasons, including the non-disclosure of purchases in returns and the purchase register, and the absence of relevant documents during a special audit.Compliance with the Statutory Requirements for Obtaining C-Forms:Under Section 8(1) of the CST Act, a dealer selling goods in the course of inter-state sales to another registered dealer is liable to pay a reduced tax rate, provided the purchasing dealer furnishes a C-Form. Rule 5 of the CST Delhi Rules outlines the procedure for obtaining C-Forms, including the necessity to apply in Form-2C and to declare that due returns have been filed and taxes paid. The rules also specify conditions under which the Commissioner may refuse to issue C-Forms, such as default in filing returns or payment of taxes, and concealment of sales or purchases.Impact of Clerical Errors and Genuine Mistakes on the Issuance of C-Forms:The petitioner admitted to a genuine mistake in the figures disclosed in the revised returns for inter-state purchases. They initially disclosed inter-state purchases in the original returns but made errors in the revised returns due to a misunderstanding of the relevant dates. The petitioner argued that these errors were clerical and did not indicate any fraudulent intent. They provided evidence of the transactions, including invoices, vendor letters, and proof of payment, and asserted that the transactions were genuine.Examination of the Purchase Register and Relevant Documentation:The petitioner contended that the purchase register for the entire FY 2010-11 should have been examined, not just the period from October 2010 to March 2011. They explained that the details of the disputed transactions were present in the electronic registers but were temporarily removed to match the incorrect revised returns. The court found no evidence from the respondents to contradict the petitioner's assertion that the transactions were genuine.Potential Adverse Impact on Tax Administration and Revenue:The court considered whether issuing C-Forms would adversely impact tax administration or revenue. The respondents did not argue that the transactions were fictitious or that there would be a loss of tax revenue. The court noted that denying C-Forms would prejudice the petitioner by preventing them from taking advantage of the reduced tax rate. The court also referenced previous judgments that emphasized a liberal approach in cases where sufficient cause was shown for not producing C-Forms in time.Conclusion:The court concluded that the respondents were not justified in declining to issue C-Forms to the petitioner. The impugned order dated 12th June 2015 was set aside, and the respondents were directed to issue the C-Forms within three weeks. If an indemnity bond in a revised format was required, the respondents were to communicate this to the petitioner within two weeks.Order:The writ petition and the application were disposed of in the above terms, and the order was issued for immediate implementation.