The registration of dealers is a serious matter and the officers authorised to grant registration should be very careful.

JUDGMENT

MISRA, C.J. - The Member, Additional Sales Tax Tribunal, Orissa, has stated this case under section 24(1) of the Orissa Sales Tax Act, 1947 (hereafter referred to as the "Act"), at the instance of the State and has referred the following two questions for opinion of the court :

"(1) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, is legally correct to consider M/s. Shree Shew Bhandar as not a fictitious dealer and whether it is legally correct to accept the declarations furnished by the said dealer to the present assessee amounting to Rs. 4,26,871.38 ?

(2) Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, is legally correct to direct the assessing officer to scrutinise the declarations filed by the assessee granted by M/s. Shree Shew Bhandar and allow such of them as are in order ?"

2. The brief facts are these :

The assessee is a registered dealer carrying on business as a wholesaler in grocery articles and its place of business is Malgodown, Cuttack. For the quarter ending 31st December, 1971, the assessee claimed deduction of Rs. 4,26,871.38 on account of sales to M/s. Shree Shew Bhandar bearing registration certificate No. CU-II-3364. The purchasing dealer's certificate of registration was effective from 11th February, 1970. The claim for deduction was rejected by the assessing officer.

The first appellate authority upheld the rejection by saying :

".... enquiries revealed that the purchasing firm was a fictitious one and the cash transactions were not genuine. The registration certificate of the purchasing registered dealer has been cancelled. The appellant also could not produce the cash book or any other evidence to prove that the transactions were genuine. Therefore, the assessing officer has rightly not accepted the declarations as required under rule 27(2) of the Orissa Sales Tax Rules, 1947, in respect of such purchases. In view of the decision of the Orissa High Court in the case of Member, Sales Tax Tribunal v. S. Lal & Co. [1961] 12 STC 25 and that of the Calcutta (sic) High Court in the case of Pahar Chand & Sons v. State of West Bengal (sic) [1972] 30 STC 211, it is the responsibility of the selling dealer to prove that the transactions were genuine and the declarations produced by the purchasing dealer were valid for the purpose of allowing deduction. I, therefore, do not interfere with the assessment which is confirmed."

The Member, Additional Sales Tax Tribunal, in second appeal went into the question of genuineness of the registration of the purchasing dealer at some length. He found that on 9th December, 1969, the purchasing dealer in support of his claim for registration had appeared and the Sales Tax Officer had recorded the following order :

"... Dealer appeared with accounts which are examined. He has started the business in grocery on retail basis from 1st December, 1969, in his own house. He has maintained only purchase account. His total purchase during 1st December, 1969, to 8th December, 1969, is Rs. 778.90 (the figure mentioned in the application). He has no landed property. Statement recorded separately on S/A which is on record. Hence, security of Rs. 300 in the shape of N.D.C. duly pledged in favour of the Sales Tax Officer, Cuttack II Circle, may be demanded from him, on receipt of which the question of granting R.C. will be considered."

A note was put up to the effect that the dealer had furnished security in the shape of N.D.C. and the Inspector had furnished his report. On 11th February, 1970, the following order was made by the assessing officer :

'.... I have taken pains to reproduce the entire matter of registration of M/s. Shew Bhandar to show that the revenue has not taken proper caution when such registration certificate was granted to M/s. Shew Bhandar. It is unfortunate that such mistake crept into an important matter like registration of dealer. After committing suc