TaxTMI 
TaxTMI 
2017 (3) TMI 1063
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....e first appellate authority as well as the Tribunal, deleting the amount of tax on the turnover of Rs. 20,98,400/-, in the absence of Form-F. The first appellate authority as well as the Tribunal were of the opinion that mere absence of Form-F would not be conclusive, and since the return of goods is substantiated by the assessee with reference to other materials, as such, the liability to pay tax upon such transaction would not arise. 3. It transpires that the assessee is engaged in the business of purchase and sale of readymade garments. For the relevant year 2010-2011, proceedings for assessment under the Central Sales Tax Act were initiated. The dealer received goods valued at Rs. 9,25,530/-. At the beginning of the assessment year, th....
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....view. It is submitted that the finding returned by the assessing authority has also not been reversed. It is also pointed out that Section 6-A was amended on 11th May, 2002, and a statutory presumption is drawn of sale in respect of stock transfer, which provision has completely been omitted from consideration. Learned Standing Counsel further submits that judgment of the Apex Court in M/s Ambica Steels Ltd. (supra) does not lay down any proposition supporting the view taken by the first appellate authority and the tribunal. 5. Before proceeding further, it would be appropriate to notice the provision contained under Section 6-A(1) of the Central Sales Tax Act, 1956, after its amendment, which is reproduced:- "Section 6-A. Burden of proo....
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....or to the year 2002 would not be of any avail for the present purposes. The judgment of Orissa High Court delivered in 1988 would thus have no applicability. 7. So far as the judgment in M/s Ambica Steels Ltd. (supra) is concerned, it would be appropriate to reproduce the judgment itself:- "Shri Sorabjee, learned senior counsel appearing on behalf of the assessee, on instructions, states that the appellant - assessee will submit itself to the re-assessment proceedings initiated vide Show Cause Notice (see Annexure P-2). He further states that the assessee will file Form "F" with the Authority concerned within ten weeks from today. 2. On expiry of the period of ten weeks the Assessing Officer will take up re- assessment proceedings whic....