1989 (7) TMI 316 - HC - VAT and Sales Tax

Summary

Issues:
Recovery of tax under section 17 of the Andhra Pradesh General Sales Tax Act, 1957 from a non-defaulting party. Validity of impugned proceedings affecting the writ petitioners.

Analysis:
The writ petition filed by a partnership firm against the Deputy Commercial Tax Officer and a company was due to impugned proceedings affecting the petitioners, even though there were no arrears of sales tax from the petitioners. The proceedings aimed to recover dues allegedly owed by M/s Jagresree Mines and Minerals, not the petitioners. The Deputy Commercial Tax Officer sought to exercise power under section 17 of the Act to recover the amount due from the partner of the defaulter, which was not permissible as the petitioners were not defaulters themselves.

The court examined section 17 of the Act, which allows recovery of dues from a third party holding money for the dealer. However, in this case, the amount due was from the second respondent, not the petitioners. The court emphasized that recovery under section 17 was not applicable to non-defaulting parties like the petitioners. The court clarified that if the Deputy Commercial Tax Officer had other legal rights to recover from the defaulting partner, he could do so, but not under section 17 in this instance.

The court noted that the petitioners were informed of the proceedings by the second respondent, the company, and both parties denied having an independent account with the defaulting partner. As a result, the impugned proceedings issued by the Deputy Commercial Tax Officer were quashed, and the writ petition was allowed without costs. The court highlighted that the recovery actions should be in accordance with the law and directed towards the appropriate defaulting party, not non-defaulting entities like the petitioners.