TMI Blog2019 (6) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (6) of Section 8 of CST Act was inserted in the CST Act vide Act 20 of 2002, which is Finance Act. It was inserted with effect from 11.05.2002. The applicability of Sub Section (6) of Section 8 of CST Act and exemption on submission of Form I subject of course to scrutiny of Form I, by the Assessing Officer is not in dispute. Revenue is not disputing the principle and ratio laid down in East Coast Bearings case [ 2018 (3) TMI 681 - MADRAS HIGH COURT] . The principle in very simple terms is that certain Forms submitted by an assessee post completion of assessment order, can certainly be looked into and there can be revision of the assessment on the basis of Forms submitted post assessment, subject of course to scrutiny of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is a Trader in 'Information Technology products' ['IT products' for the sake of brevity] and is registered as a dealer on the file of the respondent both under 'The Tamil Nadu Value Added Tax Act, 2006'['TNVAT Act' for the sake of brevity] and 'The Central Sales Tax Act, 1956['CST Act' for the sake of brevity]. b) The writ petitioner assessee has been filing monthly returns in Form I under the CST Act. c) Instant matter pertains to assessment year 2014-2015. d) Petitioner assessee reported a total turnover of ₹ 7,52,65,185/- and taxable turnover of ₹ 4,92,47,083/- e) Writ petitioner also submitted Form I pertaining to sale o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , assailing the impugned order. 6. Learned counsel for writ petitioner adverting to ' East Coast Bearings case ', submitted that Hon'ble Division Bench of this Court, inter alia by relying on a Full Bench judgment of this Court, namely State of Tamil Nadu Vs. Arul Murugan reported in 51 STC 381(FB) held that Forms submitted post assessment can also be taken into account and there can be revision. 7. To be noted, the aforesaid Hon'ble Division Bench judgment of this Court in ' M/s East Coast Bearings case ' has also relied on principles laid down by Hon'ble Supreme Court in several judgments including State of H.P., and others v. Gujarat Ambuja Cement Ltd., and another rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 8 of CST Act was inserted in the CST Act vide Act 20 of 2002, which is Finance Act. It was inserted with effect from 11.05.2002. 12. To be noted, the applicability of Sub Section (6) of Section 8 of CST Act and exemption on submission of Form I subject of course to scrutiny of Form I, by the Assessing Officer is not in dispute. 13. This Court deems it appropriate to extract Sub Section (6) of Section 8 of CST Act and the same reads as follows: (6) Notwithstanding anything contained in this section, no tax under this Act shall be payable by any dealer in respect of sale of any goods made by such dealer, in the course of inter-State trade or commerce to a registered dealer for the purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner assessee as it is a case of Form I and not Form C. In other words, if it can be applied to a Form, which pertains to concessional rate of tax, this Court is unable to accept the submission that it will not apply to Forms pertaining to exemptions. The logic is very simple. Notionally, if one where to take an illustration of regular rate of tax being 10% and concessional rate of tax being 2%, if a Form pertaining to concessional rate of tax is submitted post assessment, 10% tax will be revised and made 2%. Likewise, if a form pertaining to exemption i.e., a form in the nature of Form I is produced post assessment, looked into and found to be acceptable, 10% would become 0%. Therefore, the distinction between concess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue that East Coast Bearings case pertains to Form C which is concessional rate of tax, whereas instant case pertains to Form I, which is exemption. 20. In the aforesaid circumstances, this Court is the considered view that 'What is sauce to the goose is sauce to gander too'. The principle of East Coast Bearings case is applicable and is operating, qua Form C it has to necessarily be applied to Form I produced by the writ petitioner. 21. It is also to be noted that it is a case, where the ratio / principle laid down by the High Court, i.e., superior Court in the hierarchy of Courts has been disregarded by the respondent. This Court is constrained to say so as no reasons have been given by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
