Rejection Of Books Of Accounts Under UPVAT Act Will Not Necessarily Lead To Rejection Of Books Under Central Sales Tax Act: Allahabad HC Reiterates
The Allahabad High Court has reiterated that in absence of any material on record, rejection of books of accounts under local laws cannot be the sole ground for rejection of books of accounts under Central Sales Tax Act.“Merely because books of account under local sales have been rejected, the same will not necessarily be the ground for rejecting the books of account under Central Sales Tax...
The Allahabad High Court has reiterated that in absence of any material on record, rejection of books of accounts under local laws cannot be the sole ground for rejection of books of accounts under Central Sales Tax Act.
“Merely because books of account under local sales have been rejected, the same will not necessarily be the ground for rejecting the books of account under Central Sales Tax Act also in the absence of any cogent material available on record,” held Justice Piyush Agrawal.
Revisionist is a registered dealer under the UP VAT Act and engaged in trading of ready-made garments. Revisionist commenced work from Assessment Year 2014-15. During the survey conducted at the business premises, it was closed for business, however carpentry work was going on. The revisionist was not present at the time of survey. During the survey, documents relating to previous assessment year were found, which belonged to the erstwhile tenant.
Relying on the decision of the Allahabad High Court in M/s R.D. Gupta and Company Vs. C.S.T. and Guru Prasad Roller Flour Mills Pvt. Limited Vs. Commissioner of Commercial Tax, U.P., counsel for revisionist contended that merely because books of accounts had been rejected under the UP VAT Act, disclosed turnover of Central Sales Tax cannot be rejected. It cannot be said that there is suppression of turnover solely on grounds of rejection of books of accounts.
It was argued that in the absence of any material suppression of Central Sales Tax, enhancement of turnover in not justified in law.
The Court observed that the books of accounts of the revisionist were rejected under the UP VAT Act based on the survey conducted on the business premises of the revisionist. However, it noted that the enhancement of turnover was set aside by the Court.
The Court placed reliance on M/s R.D. Gupta wherein the Allahabad High Court held that the books of accounts and disclosed turnover under Central Sales Tax Act cannot be rejected merely because books of account under local tax have been rejected. Enhancement of turnover under Central Sales Tax Act cannot be justified solely based on rejection of books of accounts under local tax laws.
Further, reliance was placed on Guru Prasad Roller Flour Mills Pvt Limited wherein the Allahabad High Court held that “merely on the basis that the books of account of assessee was rejected under UP VAT Act, the same would not led to a conclusion that the assessee had infact entered into Central Sales in the absence of any material available on record.”
The Court held that the authorities below did not record any finding or placed any material on record to show that the revisionist had made any central sales.
Accordingly, the enhancement of turnover was set aside by the Court.
Case Title: M/S Sri Shanti Readymade vs. The Commissioner, Commercial Taxes, U.P. [SALES/TRADE TAX REVISION No. - 99 of 2023]
Citation: 2023 LiveLaw (AB) 451
Counsel for Revisionist: Sanyukta Singh
Counsel for Opposite Party: B.K. Pandey