1990 (12) TMI 295 - AT - VAT and Sales Tax

Summary

Issues: Application for grant of eligibility certificate under West Bengal Taxation Tribunal Act, 1987 and prayer for interim order.

The case involved an application under section 8 of the West Bengal Taxation Tribunal Act, 1987, along with a prayer for an interim order. The applicant was engaged in the business of manufacturing television sets and other articles, with production starting on November 5, 1987. The applicant filed applications for an eligibility certificate under the Bengal Finance (Sales Tax) Act, 1941, and the West Bengal Sales Tax Act, 1954, which were rejected by the Assistant Commissioner. A revision against the rejection was unsuccessful, leading to an appeal before the Tribunal. The Tribunal, in its order dated June 11, 1990, directed the Assistant Commissioner to hear the application for the eligibility certificate afresh and dispose of it within two months from that date.

Following the Tribunal's order, the applicant alleged that the application for the eligibility certificate was still pending, and the Assistant Commissioner had refused to accept applications for declaration forms. The applicant sought an interim order directing the issuance of declaration forms and refraining from demanding tax under the relevant Acts for the forms' issuance. The Tribunal found it unnecessary to grant time for filing an affidavit-in-opposition and proceeded to address the prayer for the interim order.

The Tribunal clarified that during the issuance of declaration forms, the authorities could only consider if the dealer had defaulted in furnishing returns and if the forms were issued bona fide. It emphasized that the pendency of the eligibility certificate application should not hinder the issuance of declaration forms as per the law. The Tribunal directed the authorities to accept any fresh applications for declaration forms by the applicant and dispose of them promptly, irrespective of the pending eligibility certificate application.

The Tribunal specifically stated that its order pertained only to the sales of goods manufactured by the applicant for which the eligibility certificate was sought. Ultimately, the Tribunal allowed the application and disposed of both the interim order prayer and the main application without any costs being awarded.