2007 (10) TMI 601 - HC - VAT and Sales Tax

Summary

Issues: Disallowance of exemption under section 6A of the Central Sales Tax Act, 1956 based on failure to prove purchases on behalf of ex.-U.P. principals.

Analysis:
The High Court of Allahabad heard the revision against the Trade Tax Tribunal's order disallowing the claim for exemption under section 6A of the Central Sales Tax Act, 1956. The Tribunal found that the revisionist failed to establish that goods purchased against form 6R were on behalf of ex.-U.P. principals, as the form indicated the purchaser as "Sanjeev," seemingly the revisionist himself. The Tribunal concluded that the burden of proof under section 6A was not discharged, as the revisionist could not provide details like the date of sending goods, means of sending, or date of purchase from farmers. The revisionists claimed to act as commission agents for ex.-U.P. principals, but failed to prove when telephonic orders were received. Subsequently, form 9R was produced with ex.-U.P. principals' names, but the Tribunal deemed it an afterthought, asserting that purchases were made by the revisionist for himself, attracting Central sales tax.

The High Court concurred with the Tribunal's decision, supported by the argument that the revisionist made purchases under form 6 for himself, not ex.-U.P. principals, thus ineligible for section 6A exemption. The Court agreed that the naming of ex.-U.P. principals in form 9R was insufficient for granting exemption. Consequently, the Court upheld the Tribunal's finding that the revisionist failed to prove purchases were on behalf of ex.-U.P. principals, justifying the disallowance of exemption under section 6A. The Court noted that denial of exemption under section 6A would lead to the application of section 6 of the Central Sales Tax Act, 1956.

In the absence of any legal questions, the High Court dismissed the revision, affirming the Tribunal's decision to disallow the exemption under section 6A of the Central Sales Tax Act, 1956.