1990 (2) TMI 291 - HC - VAT and Sales Tax

Summary

Issues:
Jurisdiction of Calcutta High Court to hear and dispose of reference under Bengal Finance (Sales Tax) Act and Central Sales Tax Act.

Analysis:
The judgment revolves around the jurisdiction of the Calcutta High Court to hear and dispose of a reference under the Bengal Finance (Sales Tax) Act and the Central Sales Tax Act. The West Bengal Taxation Tribunal Act, 1987, established a Tribunal for matters related to taxes under specified State Acts. The Act mandated that all pending references before the High Court stand transferred to the Tribunal. However, it was unclear whether references under the Central Sales Tax Act were also transferred.

The reference in question was made under the Bengal Finance (Sales Tax) Act, 1941, and the Central Sales Tax Act, 1956. The Central Sales Tax Act did not provide a separate machinery for assessment and collection of taxes, relying on the State's general sales tax law. The Commercial Tax Officer under the State Act handled assessments and appeals for Central sales tax. The Acts were intertwined in operation, with the State Act's provisions being applicable to Central sales tax matters.

The judgment emphasized that the Parliament intended the State's general sales tax law to apply to Central sales tax levy and collection, including appeals and references. Despite the lack of specific provisions in the Central Sales Tax Act for references, the State Act's procedures were to be followed. The Court concluded that the reference under the Bengal Act should be treated as a reference under the Central Sales Tax Act due to the interlinking nature of the two Acts.

It was highlighted that the High Court lacked jurisdiction to decide the reference, as it should be handled by the Tribunal under the Bengal Finance (Sales Tax) Act. The judgment clarified that the confusion surrounding the jurisdiction necessitated the transfer of the reference to the Tribunal for proper disposal, considering the legal framework and reasoning provided in the order.

In agreement with the analysis, the judgment concluded that the reference should be transferred to the West Bengal Taxation Tribunal for resolution, as it falls under the purview of the Bengal Finance (Sales Tax) Act and the provisions of the Central Sales Tax Act.