2017 (2) TMI 930 - HC - VAT and Sales Tax

Court rules in favor of appellant, emphasizing need for concrete evidence in tax assessments.

M/s S.G. Projects Soyepur Versus The Commissioner Commercial Tax

M/s S.G. Projects Soyepur Versus The Commissioner Commercial Tax - [2017] 100 VST 299 (All) Issues:Assessment year 2005-2006 - Rejection of Books of Account - Higher tax liability - Four grounds for rejection.Analysis:The judgment pertains to a Commercial Tax Revision by the assessee for the assessment year 2005-2006, challenging the rejection of its Books of Account and imposition of a higher tax liability. The authorities cited four grounds for rejection: higher turnover in Books of Account compared to return, disbelief in 4% shortage during coal transportation, discrepancy in loading and unloading charges, and selling products below prevailing market rate.The counsel for the appellant relied on legal precedents to argue against the rejection of Books of Account based solely on higher turnover. The court cited various judgments emphasizing that turnover disparity alone is insufficient to reject accounts. The court highlighted the principle that authorities cannot discard Books of Account solely due to higher turnover without concrete evidence.Regarding the transportation shortage issue, the Standing Counsel contended that losses up to 4-5% are acceptable only if coal is delivered to the dealer's premises, not at the railway side. However, the court disagreed, stating that reasonable losses during transportation are inevitable, and the Tribunal's decision to limit losses to 2% lacked factual basis. The court criticized the authorities for arbitrarily disregarding the possibility of 4% losses without substantial evidence.The court addressed the loading and unloading discrepancy, noting that except for one instance, there was no proof to doubt the sale of coal at the railway side. Without concrete evidence, the Tribunal erred in discarding entries suggesting sales at the railway side. The judgment emphasized the dealer's autonomy in determining sales methods.Lastly, the court discussed the issue of selling goods below market rate. Citing legal principles, the court highlighted that tax officers cannot dictate business practices or prices to traders. Without evidence of deliberate underreporting or investigation into market prices, the authorities lacked justification to reject Books of Account based on lower selling prices.In conclusion, the court held that the Tribunal was unjustified in rejecting the revisionist's Books of Account. The court directed a fresh assessment in compliance with the law, emphasizing the importance of concrete evidence and adherence to legal principles in tax assessments.