1979 (11) TMI 244 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of the duty of authorities to adjudicate upon withdrawn grounds or points of law.
2. Consideration of withdrawn grounds and granting relief based on them.
3. Fixing the liability of the assessee from a specific date and reducing the penalty.
4. Application of the period of limitation in assessment under section 14(6) of the Bombay Sales Tax Act, 1953.

Detailed Analysis:
1. The first issue revolves around the duty of authorities to adjudicate upon withdrawn grounds or points of law. The Tribunal was questioned on whether it was justified in holding that even if the assessee withdraws or gives up certain grounds before the lower authorities, it is still the duty of the authorities to adjudicate upon those grounds according to the law. However, this issue was not pressed during the reference, and the Court focused solely on determining the liability fixation date, thus not delving into this matter further.

2. The second issue questions the Tribunal's justification in considering withdrawn grounds and granting relief based on them. The Tribunal had adjudicated upon withdrawn grounds by the assessee before the Deputy Commissioner of Sales Tax, leading to a modification in the order. However, this issue was also not pursued during the reference, as the focus shifted to the liability fixation date.

3. The third issue involves the fixation of liability of the assessee from a specific date and the reduction of the penalty imposed. The Tribunal had fixed the liability of the respondents from 1st April 1958 instead of 1st April 1957, based on a judgment of the Supreme Court. The Court analyzed the relevant provisions of the Bombay Sales Tax Act, emphasizing the distinction between registered and unregistered dealers, ultimately ruling against the assessee and in favor of the department regarding the liability fixation date.

4. The final issue pertains to the application of the period of limitation in the assessment under section 14(6) of the Bombay Sales Tax Act, 1953. The Tribunal had applied the period of limitation provided under section 15(1) to determine the liability fixation date. However, the Court, referencing a Supreme Court judgment, highlighted the different treatment for registered and unregistered dealers under the Act, leading to a ruling against the assessee and in favor of the department regarding the application of the period of limitation.

In conclusion, the High Court of Bombay answered the third question in the negative, favoring the department and ruling against the assessee. The judgment provides a detailed analysis of the relevant provisions of the Bombay Sales Tax Act and the application of the period of limitation in assessments, emphasizing the distinction between registered and unregistered dealers under the Act.