Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (2) TMI 1055 - MADRAS HIGH COURTWhether imposition of tax under CST on the appellant is sustainable in law? Whether the lower authorities and Appellate Tribunal have taken into consideration the language of Section 8(2-A) of CST Act? and Whether the quantum of turnover could be fixed purely based on the statement without any corroborative material? Held that:- In the absence of any detailed discussion by the Tribunal, the issues raised as to the applicability of the notification in question, in the facts of the given case, must be considered by the Tribunal once again. To this extent, the appeal should be remitted. Accordingly, the first and second questions are answered only to the extent that the matter is remitted to the Tribunal for consideration. From the assessment order, it is seen that only an oral agreement was arrived at and there was no written agreement with agents for stock transactions as could be seen from Serial Nos.4, 7, 9 and 10 of the assessment order. The above material would also be sufficient for the assessing officer to disallow the exemption. Accordingly, we do not find any merit to interfere with the order of the Tribunal and the Appellate Assistant Commissioner as both the orders including the orders of the Assessing Officer are well supported by sufficient materials and not on the basis of the statements said to have been given by the Chairman of the appellant-assessee. Accordingly, we answer the third question against the appellant-assessee and in favour of the Revenue.
|