1987 (8) TMI 412 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Refusal to issue declaration forms.
2. Rejection of renewal of eligibility certificate.
3. Legal obligations for tax payment post-rejection of eligibility certificate.
4. Compliance with Rule 27AA(2)(c) of the Bengal Sales Tax Rules, 1941.
5. Entitlement to declaration forms during the pendency of the renewal application.
6. Calculation of tax dues and issuance of declaration forms.

Detailed Analysis:

1. Refusal to Issue Declaration Forms:
The petitioner, a registered dealer engaged in the grading and processing of tea, faced refusal from the Commercial Tax Officer to issue declaration forms. This refusal was based on the pending revision petition against the rejection of the renewal of the eligibility certificate. The petitioner argued that the declaration forms were necessary for conducting business and satisfying sellers' demands.

2. Rejection of Renewal of Eligibility Certificate:
The eligibility certificate, initially granted for the period from 1st April 1980 to 31st March 1981, was renewed for the subsequent year but rejected for the period from 1st April 1982 to 31st March 1983. The rejection was communicated on 18th February 1985. The petitioner filed a revisional petition against this rejection, which was pending before the Additional Commissioner of Commercial Taxes.

3. Legal Obligations for Tax Payment Post-Rejection of Eligibility Certificate:
The respondents contended that the petitioner was legally obligated to pay taxes from 1st April 1982 onwards, following the rejection of the renewal application. They argued that the petitioner became a defaulter for not paying taxes as required by law, thus disqualifying them from obtaining declaration forms.

4. Compliance with Rule 27AA(2)(c) of the Bengal Sales Tax Rules, 1941:
Rule 27AA(2)(c) stipulates that if an applicant defaults in furnishing any return or receipted challan showing payment of tax due, the Commercial Tax Officer shall withhold the issue of declaration forms. The respondents used this rule to justify their refusal to issue declaration forms, asserting that the petitioner had not paid taxes following the rejection of the eligibility certificate.

5. Entitlement to Declaration Forms During the Pendency of the Renewal Application:
The petitioner argued that they were entitled to declaration forms based on their existing status until the revisional authority decided the issue. The court noted that the petitioner had filed returns and paid taxes based on the eligibility certificate or the pending renewal application. It was held that the petitioner should continue to enjoy the benefits of the eligibility certificate until the renewal application was disposed of, as any delay by the authorities should benefit the petitioner.

6. Calculation of Tax Dues and Issuance of Declaration Forms:
The court observed that the tax due should be considered based on the returns filed by the petitioner. The petitioner had paid taxes according to the returns, and any additional tax liability would arise only after assessment. The court emphasized that the authorities should not demand taxes not yet assessed at the stage of issuing declaration forms. The court directed the sales tax authorities to issue declaration forms for the periods 1984-85, 1985-86, and 1986-87, and to dispose of the pending revision application within four weeks.

Conclusion:
The court allowed the application, setting aside the orders rejecting the issuance of declaration forms. It directed the sales tax authorities to issue the declaration forms within two weeks and to dispose of the pending revision application expeditiously. The court also directed that no assessments be made for the periods involved in the pending renewal application until the revision application was disposed of. The petitioner was to deposit Rs. 10,000 with the Commercial Tax Officer, to be adjusted against any future tax demand.