1960 (11) TMI 112 - HC - VAT and Sales Tax

Summary

Issues:
Validity of rule 17(3-A) of the Madras General Sales Tax Rules and rule 13(6) of the Madras General Sales Tax (Turnover and Assessment) Rules.

Analysis:

1. T.R.C. No. 92 of 1959 - Assessment Year 1952-53:
- The Deputy Commercial Tax Officer determined the assessable turnover of the petitioner, leading to an appeal.
- The Commercial Tax Officer issued a notice under rule 17(3-A) proposing to reopen the assessment.
- The objection by the assessee was overruled, resulting in a revised turnover.
- The matter was appealed to the Sales Tax Appellate Tribunal, which directed further inquiries.
- After remand by the Kerala High Court, the Tribunal's order was challenged regarding the validity of rule 17(3-A).

2. T.R.C. No. 93 of 1959 - Assessment Year 1953-54:
- Assessment by the Deputy Commercial Tax Officer led to an appeal by the assessee.
- The Tribunal dismissed the appeal after considering the report of the Commercial Tax Officer.
- The High Court remanded the matter for fresh disposal, and the validity of rule 13 was questioned in the subsequent appeal.

3. Validity of Rules:
- The rules in question were issued under section 19 of the Madras General Sales Tax Act.
- The contention was based on non-compliance with the pre-publication requirement of section 19(4).
- The rules were not previously published in the Official Gazette as mandated by law.
- The Government Pleader argued for the validity of the rules under section 7(e) of the Madras General Clauses Act.
- The Court held that the rules were invalid due to non-compliance with the pre-publication requirement.

4. Legal Precedent:
- The Court referenced a Full Bench decision from the High Court of Andhra Pradesh.
- The judgment emphasized that the power to make rules is subject to the condition of pre-publication.
- Non-compliance with pre-publication requirements renders rules invalid and open to challenge.

5. Decision:
- The Court declared rule 17(3-A) and rule 13 of the Madras General Sales Tax Rules as invalid.
- The orders of the Commercial Tax Officer and the Appellate Tribunal were set aside.
- The cases were remanded for fresh assessment under the old rule 13, if desired by the assessing officer.
- Each party was directed to bear their respective costs.

In conclusion, the High Court of Kerala held that the rules in question were invalid due to non-compliance with the pre-publication requirement of section 19(4) of the Madras General Sales Tax Act. The Court set aside the orders of the authorities and remanded the cases for fresh assessment, emphasizing the importance of adherence to statutory procedures in rule-making.