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2019 (10) TMI 40 - HC - VAT and Sales TaxLevy of Turnover tax - machinery and equipments - purchase suppression - whether these equipments were owned by the petitiomer and were being deployed in the business of piling and other civil works in different locations/projects or whether they constituted capital assets that were being sold, generating taxable turnover? HELD THAT:- A declaration in Form F is required to establish stock transfer of goods under the CST Act. However, the production of an F form is not mandatory to establish the petitioners’ case. We are concerned with a State tax assessment where other materials are available to assist the officer in arriving at a proper conclusion regarding the true purpose abd purport of movement of goods. Thus, while a Form F would, had the same been filed in the CST assessment, support the petitioners’ stand, the absence of such Form cannot be fatal to the petitioners’ case if the petitioner is in a position to establish its case otherwise, on the basis of other evidences. The certificate of the Chartered Accountant has been rejected though unsupported no reasons have been attributed for such rejection. The reasoning in the order of assessment is not cast-iron as it should be particularly, in the light of some material that has been produced by the Assessee. It is too well settled a proposition that an order of assessment that casts a substantial liability upon an assessee should contain valid and acceptable reasons for effecting modifications/additions to the returned turnover and should speak for itself, in casting such liability - In the present case, the order of assessment is bereft of such reasoning. Petition remanded for fresh reconsideration.
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