1994 (7) TMI 340 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to reassessment order under A.P. General Sales Tax Act for the assessment year 1992-93, applicability of transfer of property in goods, alternative remedies under the Act, judicial interference in tax matters, independence of appellate authority, stay of recovery of tax, time limit for appeal disposal.

Analysis:
The petitioner challenged the reassessment order made by the 1st respondent under the A.P. General Sales Tax Act for the assessment year 1992-93, concerning the taxation of additional turnover related to the transfer/surrender of replenishment license and exim scrips. Drawing inspiration from a judgment of the Karnataka High Court, the Commercial Tax Officer deemed the transactions as taxable sales under the Act. The petitioner contended that the transfer of property in goods was not involved in the transactions and that certain crucial aspects were not considered in the previous judgment.

The Court declined to entertain the writ petition, citing the availability of alternative remedies under the Act such as appeal, second appeal, and revision to the High Court. Referring to Supreme Court decisions, the Court emphasized that where statutory remedies exist, the High Court should refrain from interfering in assessment orders through writ petitions under Article 226 of the Constitution. The Court highlighted that Article 226 should not bypass statutory procedures and should only be used in extraordinary situations where statutory remedies are inadequate.

The petitioner argued that the case involved a purely legal issue rather than disputed facts, making it challenging for the statutory authorities to address. However, the Court reiterated that arguable questions could be decided by the appellate and revisional authorities under the Act. The petitioner also raised concerns about the independence of the appellate authority due to departmental instructions, but the Court dismissed this contention by emphasizing the quasi-judicial nature of the appellate authority's functions.

Despite expressing disinclination to entertain the writ petition, the Court directed a stay of tax recovery for one month and allowed the petitioner to file an appeal within two weeks, with an assurance of no objection to limitation. The Court mandated the disposal of the appeal within three months from the filing date, considering the facts and circumstances of the case. Ultimately, the writ petition was summarily dismissed with the provided directions and observations, without any costs imposed.