9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1996 (11) TMI 437 - HC - VAT and Sales Tax
Issues: Legality of impugned order rejecting application for ST-1 forms based on default in tax payment.
Analysis: The judgment concerns the legality of an order made by the Sales Tax Officer rejecting the petitioner's application for ST-1 forms for the years 1992-1995. The issue arose due to the dealer's alleged default in making payment of the assessed tax amount for the year 1992-1993. The petitioner had filed a revision petition challenging the assessment order and disputing the demand. Despite providing details of the revision petition and application for stay, the Sales Tax Officer rejected the application for ST-1 forms on the grounds of default in tax payment. The Court noted factual errors in the impugned order, highlighting that the Sales Tax Officer was aware of the revision petition filed by the dealer. The impugned order incorrectly stated that no proof was submitted regarding the disputed dues. The Court emphasized that the issue at hand was the validity of denying ST-1 forms issuance under rule 8(4) of the Delhi Sales Tax Rules, which governs the withholding of declaration forms based on defaults by the applicant. The Court analyzed rule 8(4)(c)(ii), which allows denial of declaration forms if the dealer defaults in paying the admitted amount that is not in dispute. The Sales Tax Officer's assertion that the assessed amount was not in dispute conflicted with the rule's requirement. The Court rejected the argument for a wider interpretation of the rule, emphasizing that the dealer should not be required to deposit disputed tax to obtain forms. The judgment clarified that the rule's language did not support withholding forms for disputed amounts. Regarding the availability of an alternative remedy, the Court held that the existence of such a remedy did not bar the jurisdiction under article 226 of the Constitution. Ultimately, the Court quashed the impugned order, directing the respondents to issue ST-1 forms to the petitioner upon compliance with formalities. The petitioner was also awarded costs amounting to Rs. 5,000. In conclusion, the Court allowed the petition, finding the impugned order to be without jurisdiction and quashing it in favor of the petitioner.
|
