2019 (2) TMI 2009 - HC - VAT and Sales Tax

Court Upholds Tribunal's Decision Dismissing Tax Revisions

M/s. Steel Authority of India Ltd Versus Sales Tax Officer, Rourkela and others

M/s. Steel Authority of India Ltd Versus Sales Tax Officer, Rourkela and others - TMI Issues Involved:1. Whether the assessee is a dealer and carried on business in unserviceable materials/used discarded materials/scrap.2. Whether the Tribunal is justified in not deleting the tax-free and first point tax paid goods turnover from the taxable turnover.3. Whether the levy of tax on the turnover of materials supplied to contractors on a cost basis is justified.4. Whether the receipts of hire charges recovered from contractors fall within the ambit of deemed sales under Section 2(g)(iv) of the Orissa Sales Tax Act.5. Whether the receipt of hire charges of machinery from inter-department use is considered a sale to self under Section 2(g)(iv) of the Orissa Sales Tax Act.6. Whether the Tribunal was justified in sustaining the enhancement of turnover based on fraud reports.7. Whether the Tribunal erred in holding that there was suppression of Rs. 27,17,070.00 in a specific case.8. Whether the imposition of interest under Section 12(4-a) of the OST Act for the assessment year 1994-95 is justified.9. Whether the levy of interest on the assessee is justified without proving mens rea or motive.Detailed Analysis:Issue 1: Dealer and Business in Scrap MaterialsThe petitioner did not press this issue during the arguments. Therefore, no detailed analysis was provided by the court on this matter.Issue 2: Deletion of Tax-Free and First Point Tax Paid Goods TurnoverThe petitioner argued that the Sales Tax Officer erred in including the turnover of materials supplied to contractors on a cost recovery basis in the gross turnover. The court examined the orders of the Assessing Officer, the Appellate Authority, and the Tribunal, all of which concluded that the materials supplied to contractors constituted a sale under the OST Act. The Tribunal relied on various judicial precedents, including the Supreme Court's decision in N.M. Goel & Co. v. Sales Tax Officer, to affirm this view. The court upheld the Tribunal's decision, stating that no material was produced to show that tax was previously paid on these materials.Issue 3: Levy of Tax on Materials Supplied to ContractorsThe petitioner did not press this issue during the arguments. Therefore, no detailed analysis was provided by the court on this matter.Issue 4: Receipts of Hire Charges as Deemed SalesThe petitioner argued that hire charges for machinery supplied to contractors should not be considered as deemed sales under Section 2(g)(iv) of the OST Act. The court reviewed the Tribunal's detailed analysis, which concluded that the transactions constituted a transfer of the right to use the machinery, thereby falling within the ambit of deemed sales. The Tribunal cited various judicial precedents to support its conclusion. The court upheld the Tribunal's decision, stating that the findings were based on substantial evidence and legal principles.Issue 5: Receipt of Hire Charges from Inter-Department UseThe petitioner argued that hire charges from inter-department use should not be considered as a sale to self under Section 2(g)(iv) of the OST Act. The court reviewed the Tribunal's findings, which concluded that the transactions constituted a transfer of the right to use the machinery. The Tribunal cited relevant case law to support its decision. The court upheld the Tribunal's decision, stating that the findings were based on substantial evidence and legal principles.Issue 6: Enhancement of Turnover Based on Fraud ReportsThe petitioner did not press this issue during the arguments. Therefore, no detailed analysis was provided by the court on this matter.Issue 7: Suppression of Rs. 27,17,070.00The petitioner did not press this issue during the arguments. Therefore, no detailed analysis was provided by the court on this matter.Issue 8: Imposition of Interest under Section 12(4-a) of the OST ActThe petitioner did not press this issue during the arguments. Therefore, no detailed analysis was provided by the court on this matter.Issue 9: Levy of Interest Without Proving Mens ReaThe petitioner did not press this issue during the arguments. Therefore, no detailed analysis was provided by the court on this matter.ConclusionThe court dismissed all the tax revisions, upholding the Tribunal's decisions on the issues that were argued. The court found that the Tribunal's conclusions were based on substantial evidence and legal principles, and no question of law arose for further consideration. The tax revisions were accordingly dismissed in favor of the Department and against the assessee.