2008 (9) TMI 898 - HC - VAT and Sales Tax

Best judgment assessment - penalty imposed - Held that - The assessing authority has not independently applied his mind but has merely adopted whatever that was done by the intelligence officer of the Department for the purpose of imposing penalty under section 45A of the Act. As already observed that the assessing officer is a quasi-judicial authority and while exercising his quasi-judicial function he has to apply his mind independently and while doing so can also take into consideration the findings of the intelligence officer of the Department and at any rate that cannot be the sole basis. Thus cannot sustain the order passed by the assessing authority. Set aside the order passed and remand the matter to the assessing authority with a direction to pass a fresh order in accordance with law. Revision allowed.

Summary

Issues Involved:
1. Correctness of denial of branch transfer.
2. Legitimacy of the addition made by the assessing authority.
3. Nexus of the addition to the alleged irregularities.

Detailed Analysis:

1. Correctness of Denial of Branch Transfer:
The petitioner, a registered dealer under the KGST Act and CST Act, imported kerosene and claimed branch transfer to Pondicherry. The assessing authority, based on discrepancies noted by the Intelligence Officer during inspections, rejected the petitioner's returns and treated the entire turnover as inter-State sales instead of branch transfers. The Tribunal confirmed this decision, citing lack of proper documentation and verification of the stock transfer to Pondicherry, including the absence of transportation records and storage facilities at the Pondicherry branch.

2. Legitimacy of the Addition Made by the Assessing Authority:
The assessing authority rejected the books of account and annual returns filed by the assessee, incorporating findings from the Intelligence Officer's reports. The petitioner failed to respond to the pre-assessment notice, leading the authority to finalize the assessment based on best judgment. The Tribunal upheld the addition of Rs. 1,74,000 under the KGST Act and Rs. 13,90,41,240 under the CST Act, noting the petitioner's failure to maintain proper books and provide necessary documents for verification.

3. Nexus of the Addition to the Alleged Irregularities:
The Tribunal found that the petitioner had not rebutted the findings of the assessing authority, which were based on discrepancies observed during inspections and the lack of proper documentation for stock transfers. The petitioner's failure to respond to the pre-assessment notice and provide evidence to counter the allegations led to the confirmation of the additions. The Tribunal emphasized that the assessing authority's conclusions were supported by the evidence of unaccounted transactions and improper documentation.

Conclusion:
The court concluded that the assessing authority, being a quasi-judicial body, must independently verify the records and not solely rely on the Intelligence Officer's findings. The assessment order should reflect the authority's independent judgment. The court found that the assessing authority had merely adopted the Intelligence Officer's conclusions without independent verification, thus failing to fulfill its quasi-judicial role. Consequently, the court set aside the impugned orders and remanded the matter to the assessing authority for fresh assessment in accordance with the law and the observations made in the judgment.

Order:
The revision petitions were allowed, and the matter was remanded to the assessing authority with directions to pass fresh assessment orders for the assessment year 1996-97 under the KGST and CST Acts. Each party was directed to bear its own costs.