1964 (6) TMI 49 - HC - VAT and Sales Tax

Summary

Issues:
1. Entitlement to notice under section 12(3) of the Mysore Sales Tax Act, 1957 before assessment.
2. Validity of assessments made without any notice under section 12(3) of the Act.
3. Requirement of submitting "C" Forms along with returns for assessment.
4. Competency of Deputy Commissioner to receive "C" Forms in appeal.
5. Consideration of reasonable time for producing "C" Forms before final assessment.

Detailed Analysis:
1. The appeals raised a common question of law regarding the entitlement of the assessee to a notice under section 12(3) of the Mysore Sales Tax Act, 1957 before assessment. The assessee failed to produce the "C" Forms related to sales in the course of inter-State trade, resulting in the denial of concession under section 8(1) of the Central Sales Tax Act by the Commercial Tax Officer. The Deputy Commissioner accepted the forms in appeal, but the Commissioner of Commercial Taxes set aside the Deputy Commissioner's orders, leading to the appeal.

2. The Court held that section 12(3) was not applicable as returns were submitted and not found incorrect or incomplete by the assessing authority. The non-submission of "C" Forms did not render the returns incomplete, as per rule 6(b) of the Act's rules. The assessments were not made based on best judgment, and hence, the contention of invalid assessments without notice under section 12(3) failed. The Court cited decisions from Madras and Kerala High Courts to support this view.

3. The requirement of submitting "C" Forms along with returns was emphasized, stating that the assessee should submit the forms either with the return or before the final assessment. In this case, the assessing authority did not assess based on best judgment, and the non-submission of "C" Forms did not invalidate the assessments.

4. The competency of the Deputy Commissioner to receive "C" Forms in appeal was questioned by the Commissioner of Commercial Taxes, leading to the restoration of the Commercial Tax Officer's orders. However, the Court did not find fault with the Deputy Commissioner's actions in accepting the forms in appeal.

5. The Court did not delve into the question of whether the assessing authority should provide reasonable time for producing "C" Forms before final assessment, as the assessee was considered to be at fault for not producing the forms despite having sufficient time. The dismissal of the appeals was based on the assessee's failure to produce the required documents within the given timeframe, leading to the imposition of costs on the appellant.