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2019 (1) TMI 896 - AAAR - VAT and Sales TaxInter-state sale or not - appellant claimed deduction towards consignment sales - suppression of facts - reopening of assessment - Held that:- The Assessing Officer came to a conclusion on inspection that inter-state sale under Section 3(a) of the CST Act has been camouflaged as consignment sale under Section 6A of the CST Act. Thus it is only when the Assessing Officer came to a conclusion that there was deceit or misrepresentation that it sent a notice of revision. Therefore no fault could be found with the revision of assessment proceeding. However, taking an overall view of the matter I feel that the Tribunal while remanding the matter to the Assessing Officer should have left the Assessing Officer free to come to his conclusion after taking into consideration all the relevant circumstances independently and in accordance with law - In all fairness, after remand the matter needs to be examined independently and in accordance with law. It is, therefore, necessary to give a direction to the Assessing Officer to carry out the exercise independently and in accordance with law after taking into consideration relevant documents and all attendant circumstances. Penalty - Held that:- The turnover relating to consignment sales is reflected in the books of accounts of the appellant and the appellant has claimed exemption in respect thereof in monthly returns. It is urged that because the Assessing Officer takes a different stand in the assessment order to reverse the claim that cannot be a valid ground to impose penalty under Section 12(3)(b) of the TNGST Act. This submission will have to be taken into account by the Assessing Officer. It appears that this submission was made before the Tribunal but it did not receive proper attention from the Tribunal. It needs to be independently considered. The Assessing Officer is directed to consider the individual transactions of the appellant with Bhuwalka Trade Links (P) Limited afresh independently and in accordance with law - matter on remand.
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