1. Assessee's application for blank forms to rebut presumption under Section 3-AAA, Uttar Pradesh Sales Tax Act, 1948, was rejected by the Sales Tax Officer. (Para 1 )
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1997 Supreme(SC) 1211
1997(8) Supreme 286
SUPREME COURT OF INDIA
(From Allahabad High Court)
S.P. Bharucha & M. Jagannadha Rao, JJ.
State of Uttar Pradesh & Anr. -Appellants
versus
M/s. Universal Exporters & Anr. -Respondents
Civil Appeal No. 2535 of 1991
Decided on 10-9-1997
Counsel for the Parties :
For the Appellants, R.C. Verma, C.D. Singh, R.B. Misra, Advocates.
For the Respondents, R.F. Nariman, Sr. Advocate (A.C.).
Important Points
The Sales Tax Officer cannot refuse to issue blank forms for rebutting a presumption under Section 3-AAA of the U.P. Sales Tax Act by pre-judging the merits of the case; the validity of the rebuttal must be assessed only after the forms are submitted.
Subject
Tax Law - Sales Tax
Act Referred
UTTAR PRADESH GENERAL SALES TAX ACT: S.3(a)(a), S.3(a)(a)(a)
UTTAR PRADESH SALES TAX ACT: S.12(a)(5)
UTTAR PRADESH SALES TAX ACT: S.12(a)(5)
Headnote
SALES TAX-Uttar Pradesh Sales Tax Act, 1948-Sections 3AA and 3AAA-Presumption u/s 3AAA in respect of certain sales-Rebuttable-Dealer may prove otherwise to the satisfaction of assessing authority-Dealer is required to furnish to assessing authorities a declaration from purchasing dealer in a form-Sales Tax Officer to issue blank forms in this form-Arrogation of authority to reject assessee s application for blank forms on ground that transactions entered into by assessee were by way of export of leather-Improper and must be quashed-Assessing authority must consider it only after blank form issued has been duly filled in and submitted along with proof.
Held : Section 3-AAA provides for a presumption in respect of certain sales. It states that where goods are liable to tax under the Act only at the point of sale to a consumer, every sale by a dealer to a registered dealer who does not purchase the goods for re-sale within the State or in the course of inter-State trade or commerce, in the form and condition in which he has purchased them, or to any person other than a registered dealer shall be deemed to be a sale to the consumer. The Section, however, goes on to provide that the aforesaid presumption may be rebutted when it states that the dealer may prove otherwise to the satisfaction of the assessing authority. For such purpose the dealer is required to furnish to the assessing authorities a declaration from the purchasing dealer in such form and manner and within such period as may be prescribed. Rule 12-A(5) empowers the Sales Tax Officer to issue blank forms in this behalf (which are entitled Form III-A) if he is satisfied that the requisition in that behalf is genuine and reasonable". That the Sales Tax Officer may satisfy himself that the requisition for the blank Forms is genuine and reasonable does not empower him to pre-judge the issue as to whether or not the presumption under Section 3-AAA can be rebutted. That is something that the assessing authority must consider only after the blank form has been issued and it has been duly filled in and submitted, along with such other proof as the dealer adduces. It is only then that the assessing authority may consider whether such proof, along with the filled in form is sufficient to rebut the presumption drawn under the provision. The arrogation of the authority to reject the assessee s application for blank Forms by the Sales Tax Officer on the ground that the concerned transactions entered into by the assessee were by way of export of leather was improper and must be quashed. After the blank forms are issued to the assessee and duly filled up and submitted along with such proof as the assessee may adduce, it shall, of course, be open to the assessing authority to satisfy itself as to whether or not the presumption under Section 3-AAA stands rebutted. (Paras 4 to 6)
Legal Category Hierarchy
Table of Contents
2. Whether the Sales Tax Officer can reject an application for blank forms based on a preliminary opinion regarding the nature of the transactions. (Para 1 , 2 )
3. The power to verify if a requisition for blank forms is genuine and reasonable does not permit pre-judging whether the presumption under Section 3-AAA can be rebutted. (Para 5 )
4. The determination of whether a presumption under Section 3-AAA is rebutted must occur after the prescribed forms are issued, filled, and submitted with supporting evidence. (Para 5 , 6 )
5. Appeal dismissed; the order rejecting the application for blank forms was quashed. (Para 6 , 7 )
6. What is the nature of the presumption under Section 3-AAA of the Uttar Pradesh Sales Tax Act, 1948?
It deems every sale by a dealer to a non-registered person, or to a registered dealer not purchasing for re-sale in the same form and condition, as a sale to the consumer. (Para 4 )
7. Does the power to verify a requisition for blank forms under Rule 12-A(5) allow the officer to pre-judge the rebuttal of a legal presumption?
No. The authority to ensure a requisition is genuine and reasonable does not empower the officer to pre-judge whether the presumption under Section 3-AAA can be rebutted; such analysis occurs only after the forms are submitted. (Para 5 )
8. When can the assessing authority determine if the presumption under Section 3-AAA of the Uttar Pradesh Sales Tax Act, 1948, has been rebutted?
The assessing authority may determine if the presumption is rebutted only after the blank forms are issued, duly filled, and submitted along with any other proof the dealer provides. (Para 5 , 6 )
ORDER
Section 3AA and Section 3AAA of the UTTAR PRADESH SALES TAX ACT , 1948, at the relevant time read thus :
"3-AA. Rate and point of tax in respect of certain good - subject to the provisions of Section 3-D, the turnover in respect of goods declared under Section 14 of the Central Sales Tax Act, 1958 (Act 74 of 1956) to be of special importance in inter-State trade or commerce shall not be liable to tax except at the point of sale by a dealer to the consumer and the rate of tax shall be such, not exceeding the maximum rate for the time being specified in Section 15 of the said Act, as the State Government may, by notification in the Gazette, declares".
"3-AAA: Presumption regarding certain sales. Where goods are liable to tax under this Act only at the point of sale to the consumer, every sale by a dealer.
(a) to a registered dealer who does not purchase them for re-sale within the State or in the course of inter-State trade or commerce, in the same form and condition in which he has purchased them or,
(b) to any person other than a registered dealer,
shall be deemed to be a sale to the consumer, unless the dealer proves otherwise to the satisfaction of the assessing authority and, for the purpose, also furnishes to the assessing authority such declaration obtained from the purchasing dealer, in such form and manner and within such period, as may be prescribed".
Rule 12A(5) of the U.P. Sales Tax Rules read thus :
"If the Sales Tax Officer is satisfied that the requisition of the dealer for blank forms is genuine and reasonable, he may issue the same in such manner as he deem fit. If the fee paid is more than the fee payable for the number of forms issued, the balance shall credited to the account of the dealer to be adjusted against any future issue of the forms".
It appear that the assessee applied for a form to enable it to rebut the presumption under Section 3-AAA. The application in this behalf was not dealt with. The assessee thereupon filed a writ petition in the High Court at Allahabad. Pending the disposal of the writ petition, the Sales Tax Officer rejected the application as, in his opinion, the transactions entered into by the assessee were by way of export of leather. The writ petition was amended and the refusal was challenged.
2. Two learned Judges of the High Court having differed on the writ petition, it was referred to a third learned Judge. The third learned Judge agreed that the writ petition should be allowed. Hence, this appeal by special leave at the instance of the State.
3. The assessee not having appeared, we thought it necessary to appoint amicus curiae, and we are obliged to Mr. R. F. Nariman for having assisted the court as such.
4. Section 3-AAA provides for a presumption in respect of certain sales. It states that where goods are liable to tax under the Act only at the point of sale to a consumer, every sale by a dealer to a registered dealer who does not purchase the goods for re-sale within the State or in the course of inter-State trade or commerce, in the form and condition in which he has purchased them, or to any person other than a registered dealer shall be deemed to be a sale to the consumer. The Section, however, goes on to provide that the aforesaid presumption may be rebutted when it states that the dealer may prove otherwise to the satisfaction of the assessing authority. For such purpose the dealer is required to furnish to the assessing authorities a declaration from the purchasing dealer in such form and manner and within such period as may be prescribed. Rule 12-A(5) empowers the Sales Tax Officer to issue blank forms in this behalf (which are entitled Form III-A) if he is satisfied that the requisition in that behalf is genuine and reasonable".
5. That the Sales Tax Officer may satisfy himself that the requisition for the blank Forms is genuine and reasonable does not empower him to pre-judge the issue as to whether or not the presumption under Sec
