1970 (11) TMI 83 - HC - VAT and Sales Tax

Summary

Issues:
1. Jurisdiction of an Additional Sales Tax Officer in a specific circle.
2. Validity of delegation of powers by the Commissioner under the Sales Tax Act.
3. Authority of multiple officers to exercise jurisdiction in the same circle.

Detailed Analysis:

1. The petitioner, a partnership firm registered as a dealer under the Madhya Pradesh General Sales Tax Act, 1958, sought a writ of prohibition against an Additional Sales Tax Officer, Shri R.N. Mishra, regarding the assessment of sales tax for the year 1963-64. The issue raised was whether the State Government specified the area within which Shri Mishra could exercise jurisdiction when he was transferred to the post of Additional Sales Tax Officer, Raipur Circle 2. The court held that since the area within Raipur Circles 1 and 2 had already been demarcated by an earlier notification, Shri Mishra's posting to Circle 2 implied that the State Government had specified the jurisdictional area, allowing him to exercise the powers of a Sales Tax Officer within that circle.

2. The next contention was regarding the validity of the delegation of powers by the former Commissioner, Shri K.C. Tiwari, under sections 18 and 19 of the Act. It was argued that the delegation ceased to be valid when Shri Tiwari no longer held the office of Commissioner. The court clarified that the delegation of powers by the Commissioner is not tied to the tenure of the individual holding the office but pertains to the powers and duties of the office itself. Therefore, the delegation made by Shri Tiwari remained valid even after he ceased to be the Commissioner, allowing Sales Tax Officers to continue exercising the delegated powers.

3. The final issue raised was the authority of multiple officers, namely Sales Tax Officer Shri Gautam and Additional Sales Tax Officer Shri Mishra, to exercise jurisdiction in the same circle. The argument was that without a division of jurisdictional areas, neither officer could exercise their powers. The court ruled that there is no legal restriction on having multiple officers exercising jurisdiction in the same circle. Both officers were deemed to have jurisdiction throughout Raipur Circle 2, and any administrative arrangements for the distribution of business did not require a formal division of jurisdiction under the Act. Therefore, Shri Mishra was deemed to have jurisdiction in the circle, and the assessment proceedings against the petitioner could proceed under his authority.

In conclusion, the court dismissed the petition, stating that the jurisdictional issues raised did not invalidate the authority of the Additional Sales Tax Officer or the delegation of powers by the Commissioner. The petitioner's claims were rejected, and costs were awarded against the petitioner, with the refund of the security deposit.