1989 (4) TMI 298 - HC - VAT and Sales Tax

Summary

Issues:
1. Legality and propriety of the conditional order of stay granted by the Commissioner of Sales Tax.
2. Prima facie nature of the case and contentions of the petitioner regarding the validity of the order of assessment.
3. Examination of the balance of convenience and relevant factors in deciding on the conditional stay order.

Analysis:

1. The application challenges the conditional order of stay issued by the Commissioner of Sales Tax regarding an assessment made for specific quarters and assessment years. The petitioner had earlier contested the levy of sales tax on works contract transactions, leading to a remand for reassessment. The subsequent reassessment significantly increased the tax demand from Rs. 28 lakhs to Rs. 1,18,43,151. The Commissioner granted a conditional stay requiring the petitioner to pay Rs. 70 lakhs in installments. The petitioner sought full stay, arguing against the arbitrary assessment and the lack of consideration in the conditional stay order.

2. The petitioner's counsel contended that the Commissioner failed to apply judicial mind in granting the conditional stay and did not assess the prima facie case of the assessee. The petitioner highlighted the substantial increase in the tax demand post-reassessment, indicating flaws in the assessment process. The petitioner argued for a full stay based on the perceived errors in the assessment and the adverse impact of the increased tax liability. The Commissioner's decision was challenged on grounds of lack of proper consideration and mechanical issuance of the stay order.

3. The Court examined the arguments presented by both parties, emphasizing the need to evaluate the prima facie nature of the case, the balance of convenience, and potential harm to either party in granting or refusing the stay. Despite the availability of an appeal process, the Court asserted its authority to review the conditional stay order for procedural correctness and fairness. Considering precedents where conditional stay orders were modified based on case-specific factors, the Court directed the petitioner to deposit an additional sum of Rs. 30 lakhs by a specified date for the stay to remain in effect until the appeal is resolved. The decision balanced the financial implications on the petitioner and the need for timely resolution of the appeal.

In conclusion, the Court modified the conditional stay order, requiring the petitioner to deposit an additional sum to maintain the stay until the appeal's resolution. The judgment focused on the procedural fairness of the stay order, the prima facie merits of the case, and the balance of convenience between the parties involved.