1958 (9) TMI 73 - HC - VAT and Sales Tax

Issues Involved:
1. Competence of the Commissioner of Commercial Taxes to hear the application for the restoration of a revision petition.
2. Jurisdictional authority post-abolition of the Mysore Board of Revenue.
3. Nature of the application for the restoration of a revision petition.
4. Validity of the order passed by the Commissioner of Commercial Taxes.

Issue-wise Detailed Analysis:

1. Competence of the Commissioner of Commercial Taxes to Hear the Application:
The primary contention by the petitioner was that the Commissioner of Commercial Taxes lacked the competence to hear the application for the restoration of the revision petition. The petitioner argued that under section 11 of the Mysore Revenue Appellate Tribunal Act, all proceedings pending before the Board of Revenue at the time of its abolition should be transferred to the Mysore Revenue Appellate Tribunal. The court, however, referred to its previous decision in C.P. 200 of 1958, which established that revision petitions pending before the Board of Revenue should be heard by the Commissioner of Commercial Taxes as per the notification under section 40(2) of the Mysore Sales Tax Act, 1957. Consequently, the court held that the Commissioner of Commercial Taxes was competent to hear the application.

2. Jurisdictional Authority Post-Abolition of the Mysore Board of Revenue:
The court examined the jurisdictional authority following the abolition of the Mysore Board of Revenue. It was noted that section 40 of the Mysore Sales Tax Act, 1957, and the corresponding notification empowered the Commissioner of Commercial Taxes to exercise the functions previously held by the Board of Revenue. The court reaffirmed its stance from C.P. 200 of 1958, indicating that the Commissioner of Commercial Taxes had the jurisdiction to hear pending revision petitions. Additionally, the court distinguished between revision petitions and review petitions, as discussed in C.P. 197 of 1958, clarifying that the latter should be transferred to the Mysore Revenue Appellate Tribunal.

3. Nature of the Application for the Restoration of a Revision Petition:
The petitioner argued that the application for the restoration of the revision petition was not a revision petition but a distinct application, thus falling outside the purview of the Commissioner of Commercial Taxes. The court rejected this argument, stating that the application for restoration was not a review of the order but a request to consider whether there was sufficient cause for non-appearance. The court emphasized that such an application was part of the revisional jurisdiction, which the Commissioner of Commercial Taxes was competent to exercise.

4. Validity of the Order Passed by the Commissioner of Commercial Taxes:
The court scrutinized the order passed by the Commissioner of Commercial Taxes, who had dismissed the application on the grounds that he lacked the power to restore a revision petition dismissed by the Board of Revenue. The court found this reasoning flawed, noting that the Commissioner had the jurisdiction to restore the revision petition as part of his revisional powers. The court concluded that the Commissioner had failed to exercise his jurisdiction properly and set aside his order.

Conclusion:
The writ petition was allowed, and the court quashed the order of the Commissioner of Commercial Taxes. The application for the restoration of the revision petition was remitted to the Commissioner for disposal according to law, with no order as to costs. The court clarified the jurisdictional competence of the Commissioner of Commercial Taxes and emphasized the need for proper exercise of revisional powers.

Separate Judgments:
MALIMATH, J. concurred with the judgment, agreeing with the conclusions and reasoning provided.

Final Order:
Petition allowed.

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