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1972 (10) TMI 115 - HC - VAT and Sales Tax
Issues:
Proper service of assessment order and demand notice via registered post, Requirement of mentioning the name of the person who refused the registered letter. Analysis: The case involved the assessment of a dealer in foodgrains and oil-seeds for non-payment of sales tax and failure to file returns. The Sales Tax Officer sent a notice through registered post, which was returned with a "refused" remark. The officer proceeded with ex parte assessment. The subsequent appeal was deemed time-barred due to the refusal of the postal authorities to deliver the notice. The Additional Judge (Revisions) noted the absence of the name of the person who refused service, leading to a lack of clarity and hindrance in the presumption of service. Regarding the first question, the court analyzed the relevant rules under the U.P. Sales Tax Act, emphasizing the importance of proper service of notices. The firm had discontinued business, making the partners individually liable for tax payment. The absence of the partners' names on the envelope and the lack of clarity on the refusal undermined the presumption of service. The court highlighted the need for a complete report by postal authorities to enable the presumption of service, as per the amended rules. On the second question, the court emphasized the necessity for postal authorities to mention the name of the person refusing delivery for clarity and proper legal procedure. The court ruled that in the specific circumstances of the case, the failure to mention the name of the refuser on the envelope invalidated the presumption of service. Thus, the court answered the first question negatively and the second question affirmatively, directing the respondent to bear the costs. In conclusion, the judgment focused on the importance of clear and proper service of legal documents, especially in cases involving discontinued businesses and individual liability. The court's decision underscored the need for adherence to procedural requirements to ensure fairness and legal validity in service of notices.
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