1994 (1) TMI 264 - HC - VAT and Sales Tax

Summary

Issues:
1. Validity of notices issued under section 12 of the Andhra Pradesh General Sales Tax Act, 1957 for additional security.

Detailed Analysis:

The judgment of the High Court of Andhra Pradesh dealt with the validity of notices issued to various dealers in turmeric under section 12 of the Andhra Pradesh General Sales Tax Act, 1957, calling for additional security equal to half the sales tax due for the year 1992-93. The petitioners contended that the notices were arbitrary and vague, depriving them of the right to effectively object to the demands. The court emphasized that before requiring additional security, the registering authority must record reasons and provide an opportunity to be heard to the dealer, as mandated by sub-sections (10) and (11) of section 12. The additional security should not exceed the tax payable for the relevant year.

The court highlighted that the notices mentioned an increase in the volume of business by the dealers, which was considered relevant to ensuring proper tax realization and use of forms. The court clarified that objections to the notice could be raised by the dealers, and the registering authority must pass a reasoned order after hearing the dealer. The court stressed that the authority's power to demand additional security should be exercised for the intended purpose, and any order passed should not be arbitrary or unreasonable. The judgment distinguished a previous case where the notice was found invalid due to lack of grounds for tax evasion, which was not applicable in the present scenario.

Regarding the discretionary power of the registering authority, the court noted that principles of judicious exercise of power apply at the stage of passing an order and not during the issuance of show cause notices. The court declined to admit the writ petitions, instructing the petitioners to file objections to the notices within a week. The registering authority was directed to consider the objections and make appropriate orders in accordance with the law after providing an opportunity for the petitioners to be heard. Ultimately, the court dismissed the petitions while providing guidance on the procedural steps to be followed by the parties involved.