1994 (5) TMI 254 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Maintainability of the writ petition due to alternative remedies.
2. Legality of the seizure of goods under Section 14-B of the Punjab General Sales Tax Act, 1948.
3. Allegations of malice and arbitrariness by the respondents.

Issue-wise Detailed Analysis:

1. Maintainability of the writ petition due to alternative remedies:
The respondents raised preliminary objections regarding the maintainability of the writ petition, arguing that the petitioner failed to avail alternative remedies provided under Sections 20 and 22 of the Punjab General Sales Tax Act, 1948. The Court emphasized that the High Court generally refrains from entertaining writ petitions when an effective alternative remedy is available. The Court cited precedents, including *Titaghur Paper Mills Co. Ltd. v. State of Orissa* and *Assistant Collector of Central Excise, Chandan Nagar, West Bengal v. Dunlop India Ltd.*, to support the principle that statutory remedies must be exhausted before approaching the High Court under Article 226. The Court concluded that the petitioner should have pursued the statutory remedy of appeal provided under Section 20 of the Act.

2. Legality of the seizure of goods under Section 14-B of the Punjab General Sales Tax Act, 1948:
The petitioner argued that the seizure of goods was contrary to Section 14-B of the Act, as the goods were accompanied by proper documents in the prescribed form ST-24. The petitioner contended that the officer-in-charge of the check-post lacked the authority to detain the goods without objective application of mind and without reasonable suspicion regarding the genuineness of the documents. The Court analyzed the provisions of Section 14-B, which empower the officer to detain goods if there is a reasonable suspicion that the goods are not covered by proper and genuine documents or if there is an attempt to evade tax. The Court noted that the vires of Section 14-B had been upheld by a Full Bench in *Mool Chand Chuni Lal v. Shri Manmohan Singh*. The Court concluded that the petitioner could raise all points regarding the merits of the action before the appellate authority.

3. Allegations of malice and arbitrariness by the respondents:
The petitioner alleged that the actions taken by the respondents were motivated by personal ill-will and prejudice, particularly by respondent No. 3. The petitioner claimed that respondent No. 3 had instructed various check-posts to detain the petitioner's trucks, resulting in the detention of 45 trucks. The Court acknowledged these allegations but emphasized that such issues could be addressed through the statutory appeal process. The Court reiterated that the petitioner had the right to prefer an appeal and further appeal under Section 20 of the Act, where all such points could be raised and considered on merit.

Conclusion:
The Court dismissed the writ petitions on the ground of the availability of an alternative remedy of appeal to the petitioner. The Court provided the petitioner with the opportunity to file an appeal within two weeks, which would be considered and decided on merits by the appellate authority. The Court emphasized the principle that the High Court should not entertain writ petitions under Article 226 when a statutory remedy is available, particularly in cases involving taxes.