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May 2013

State of Tamil Nadu vs. Marble Palace, [2011] 43 VST 519 (Mad)

By C. B. Thakar, Advocate
G. G. Goyal, Janak Vaghani, Chartered Accountants
Reading Time 1 mins
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Sales Tax- Best Judgment Assessment- Addition of Sales – Based on Quotations Against Which No Sale Bills Raised-Not Justified, Tamil Nadu General Sales Tax Act,1959.

Facts
The dealer was assessed for the period 1991-92 under The Tamil Nadu General Sales Tax act, 1959 wherein the assessing authority levied tax on estimation of turnover of sales based on quotations raised against which no sale bills were issued. The Tribunal in appeal, observing that there was no material to prove that the assesse had sold any goods to any individual or contractor, passed the order deleting the levy of tax on estimated turnover of sales. The Department filed appeal petition before the Madras High Court against the impugned order of the Tribunal.

Held
As observed by the Tribunal, there was no material for treating the quotations as sale bills and estimating turnover on the basis of the quotation. As rightly held by the Tribunal, the assessing authority had not probed the matter beyond treating quotation book as sale bill. Accordingly, the High Court confirmed the order of the Tribunal and dismissed the appeal filed by the Department.

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