1968 (5) TMI 51 - HC - VAT and Sales Tax

Summary

Issues:
- Application for reference to High Court under section 21(1) of the Bengal Finance (Sales Tax) Act, 1941 rejected by Chief Commissioner.
- Violation of natural justice in the disposal of the application by the Chief Commissioner.
- Exercise of suo motu power by the High Court under Article 227 of the Constitution.
- Setting aside and quashing the ex parte order and directing the application to be disposed of in accordance with law.
- Observations on the need for proper court-fee, certified copy of the order, and amendment in the memorandum of parties.
- Declining the sales tax reference.

Analysis:
The case involved an application made under section 21(1) of the Bengal Finance (Sales Tax) Act, 1941, for reference to the High Court, which was rejected by the Chief Commissioner without proper consideration. The High Court, exercising its power under Article 227 of the Constitution, reviewed the matter for compliance with natural justice principles. It was found that the application was entertained without the required court-fee stamp and certified copy of the order, and the petitioner was not given a fair hearing before the rejection. This lack of procedural fairness was deemed unacceptable by the Court, emphasizing the importance of natural justice in quasi-judicial and administrative functions.

The High Court highlighted the obligation of authorities to ensure proper procedures and fair hearings, irrespective of their executive roles. The Court emphasized the fundamental rule of natural justice that every individual has the right to be heard before a decision affecting their rights is made. The failure to provide such an opportunity was considered a serious violation in this case, leading to the ex parte rejection being set aside and quashed by the High Court.

In exercising its power under Article 227, the High Court directed that the application be reconsidered in accordance with the law, taking into account the observations made regarding the necessity of proper court-fees and the certified copy of the order. Additionally, the Court noted the petitioner's oversight in not amending the memorandum of parties to reflect the constitutional change, indicating a lack of attention to detail.

Ultimately, the High Court declined the sales tax reference due to the procedural irregularities and lack of fair hearing in the initial disposal of the application. The Court stressed the importance of upholding principles of natural justice and fair procedure in administrative and quasi-judicial actions, ensuring that all parties are given a reasonable opportunity to present their case before a decision is made.