NEVATIA PRIVATE LTD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) <DJG>Obul Reddy, J.</DJG>-The questions arising for our consideration in this tax revision case, are (1) Whether the Deputy Commissioner of Commercial Taxes was competent, under section 20 (2) of the Andhra Pradesh General Sales Tax Act, to revise the order of the assessing authority; and (2) Whether the sale of the goods was completed in Andhra area or in Telangana area.

(2.) For the determination of the questions, it is necessary to set out a few relevant facts: The petitioners were groundnut oil millers at Warangal in Telangana area and they were purchasing groundnuts and crushing the same into oil and exporting the oil outside the State. They were filing monthly returns and in this case, before the commencement of the Andhra Pradesh General Sales Tax Act, they had filed two monthly returns, although the assessment was completed by the Commercial Tax Officer Warangal, for the assessment year 1957-58, after I5th June, 1967. The Commercial Tax Officer granted exemption in respect of a turnover of Rs. 6,75,634-54 P. representing the value of the groundnuts purchased by the assessee prior to the coming into force of the Andhra Pradesh General Sales Tax Act. This turnover was not subjected to tax. The Deputy Commissioner of Commercial Taxes in exercise of his powers under section 20 (2) of the said Act, issued a notice to show cause why the exemption granted by the Commercial Tax Officer in respect of the said turnover should not be cancelled on the ground that the purchase of the groundnuts relating to the said turnover was completed only at Warangal and as such, they were not entitled to the exemption under the provisions of the Hyderabad General Sales Tax Act. The petitioners submitted their representations contending that inasmuch as the assessment proceedings were initiated by reasons of their having filed the monthly returns prior to the commencement of the Andhra Pradesh General Sales Tax Act, they were governed by the provisions of the Hyderabad General Sales Tax Act, which empowered only the Commissioner to revise the assessment made by the assessing authority and that, as the goods were to be delivered F.O.R in Andhra area as per the terms of the contract, the property in the goods passed to the buyer in Andhra area and that, therefore, the sales that were completed in Andhra area, were exempt tinder the provisions of the Andhra Pradesh General Sales Tax Act. Both these contentions were negatived and revision was made by the Deputy Commissioner subjecting the petitioners to sales tax on the exempted turnover. Against the order of the Deputy Commissioner, the petitioners preferred an appeal and the Sales Tax Appellate Tribunal negatived both the contentions and dismissed the appeal. Hence the revision.

(3.) Section 15 of the Hyderabad General Sales Tax Act empowers the Commissioner, in his discretion, to call for and examine the record or any order passed or proceeding taken by any officer subordinate to him. It is true that the assessment proceedings commenced in this case prior to the commencement of the Andhra Pradesh General Sales Tax Act, as two monthly returns were filed by then by the petitioners. But the question is whether the Deputy Commissioner is competent, by reason of the fact that the Andhra Pradesh General Sales Tax Act came into force on 15th June, 1957, to revise the assessment in exercise of his powers under section 20 (2).