1962 (4) TMI 82 - HC - VAT and Sales Tax

Summary

Issues:
Application for writ of certiorari to quash reassessment orders under Madhya Pradesh General Sales Tax Act, 1958 for three years. Validity of assessment proceedings challenged based on notice under section 19, satisfaction of assessing authority, and opportunity for petitioner.

Analysis:
The petitioner sought a writ of certiorari to quash three reassessment orders under the Madhya Pradesh General Sales Tax Act, 1958, totaling Rs. 23,184-19 nP. The petitioner was initially assessed for three years, and subsequently, notices were issued for reassessment based on the discovery of two sets of account books showing undisclosed sales. A scuffle between the Sales Tax Inspector and partners obstructing book seizure led to criminal charges. The petitioner challenged the validity of assessment proceedings, arguing lack of valid notice under section 19 and inadequate opportunity to defend against reassessment.

The court noted that section 19 of the Act was amended in 1961, altering the conditions for reassessment. The amended provision required a specific reason for under-assessment or escaped assessment, unlike the previous version which allowed for tentative opinions. The court emphasized the importance of a notice as a prerequisite for valid assessment under section 19(1), providing the dealer with an opportunity to challenge reassessment. Rule 33 mandated serving a notice in Form XVI specifying the default, escapement, or concealment, which was not updated post-amendment, rendering the notices invalid under the amended provision.

Despite alternative remedies available, the court found the notices and reassessment proceedings to be fundamentally defective and lacking jurisdiction. As a result, the court allowed the petition, quashing the reassessment notices, proceedings, and orders, and directing the refund of the security deposit to the petitioner. The court held that the existence of alternative remedies should not prevent the quashing of defective notices and assessments due to lack of jurisdiction.