VIVEK RUSIA, AMAR NATH (KESHARWANI)
AMRIT REFINED PVT. LTD. , MANDSAUR – Appellant
Versus
COMMISSIONER OF COMMERCIAL TAX, INDORE – Respondent
ORDER VIVEK RUSIA, J. : – Heard on the question of admission.
The appellant has filed this appeal under section 53(2)(b) of the M.P. VAT Act, 2002 against the order dated 24-9-2021 passed by M.P. Commercial Tax Appellate Board, Bhopal in Appeal No. A/211/CTAB/IND/17 (CST) for the period from 1-4-2006 to 31-3-2007 (CST).
2. The appellant is a Private Limited Company Incorporated under the provisions of Companies Act, 1956 (now the Companies Act, 2013). The appellant is engaged in the business of manufacturing edible oil from crude oil. The appellant sales the edible oil inter-state mostly on ‘C’ form issued by purchasing dealers. During the period from 1-4-2006 to 31-3-2007, the petitioner sold the goods to the various dealers, who had sent the form ‘C’ to the appellant. The original assessment of the appellant under the Central Sales Tax Act, 1956 was completed by the assessing authority vide order dated 14-1-2009 by accepting ‘C’ form declaration produced by the appellant.
3. The assessment authority has reopened the aforesaid assessment in exercise of power under section 21(1) of M.P. VAT Act, 2002 on the basis of some information about the non-verification of some of the form ‘C
The appellant cannot evade liability by merely producing 'C' forms without ensuring their genuineness.
Selling dealers are not liable for verification beyond confirming the purchasing dealer's registration and authenticity of supplied C Forms as upheld in the Supreme Court ruling on inter-State trade.
The main legal point established is that penalty can be imposed for deliberate fraud or misinformation by the Assessee under Section 61 of the RVAT Act, 2003.
The cancellation of a tax declaration form does not retroactively affect previously valid inter-state sales, and tax demand notices cannot be deemed enforceable without prior assessment.
The main legal point established in the judgment is that Section 61 of the RVAT Act, 2003 allows for the levy of penalty in cases of active concealment and deliberate fraud or misinformation by the A....
Selling dealer's entitlement to rely on C Forms submitted by the purchasing dealer for claiming exemption of concessional rate of tax, and the inability to deny the benefit of the C Forms if the purc....
The court emphasized that both the assessee must prove the genuineness of exemption claims and the Department must substantiate any allegations of falsity with evidence.
The court ruled that inadvertent errors in sales declarations do not invalidate claims for turnover deductions under the Sales Tax Act.
Rigid time limits for filing declaration forms under tax acts cannot be enforced if they conflict with statutory provisions allowing flexibility in submissions.
The court held that additional evidence forms can be accepted at the appellate level if justified, affirming that unnecessary taxation should be avoided in line with legal provisions.
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