1965 (4) TMI 102 - HC - VAT and Sales Tax

Summary

Issues:
1. Mandamus to refund the seized amount
2. Prohibition on further assessment proceedings

Analysis:
1. Mandamus to refund the seized amount:
The petitioners sought a mandamus to direct the respondents to refund a sum of Rs. 26,200 allegedly seized illegally during a raid by Sales Tax Officers. The dealer claimed that the amount seized was his mother's savings meant for distribution among her children and his wife's personal savings. The officers demanded this amount as tax without a valid basis or assessment order. The Court held that the officers had no authority to receive the amount as advance tax without proper assessment proceedings. Despite the dealer's signed statements under duress, the Court found the raid and seizure improper and illegal. Thus, the Court granted the mandamus for the return of the sum of Rs. 26,200 to the petitioners.

2. Prohibition on further assessment proceedings:
In the second petition, the dealer sought prohibition against the Deputy Commercial Tax Officer from proceeding with an enquiry for assessment based on the seized amount and statements. The dealer feared that the officer would use the statements as admissions of turnover suppression. The Court acknowledged the dealer's apprehension but refrained from interfering in the ongoing proceedings. The Court emphasized the importance of the assessing Officer allowing the dealer to present evidence to prove that the statements were made under duress. The Court advised the assessing Officer to maintain objectivity and fairness in the examination of the dealer's evidence. Consequently, the Court dismissed the petition for prohibition but provided guidelines for the assessing Officer to ensure a fair assessment process.

In conclusion, the Court granted the mandamus for the refund of the seized amount in the first petition, highlighting the illegal seizure by Sales Tax Officers. In the second petition, the Court dismissed the plea for prohibition but emphasized the dealer's right to present evidence to challenge the statements made during the raid. The judgment underscored the importance of upholding the rule of law and ensuring a fair assessment process in tax matters.