1997 (8) TMI 470 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to cancellation of registration certificate under Central Sales Tax Act due to violation of principles of natural justice.

Analysis:
The petitioner challenged the cancellation of their registration certificate under the Central Sales Tax Act, 1956, due to lack of notice and opportunity to be heard, alleging a violation of principles of natural justice. The Sales Tax Officer had cancelled the registration certificate citing discontinuation of business under the Orissa Sales Tax Act, without providing any prior notice to the petitioner. The petitioner had filed revisions against both the cancellation orders under the Orissa Sales Tax Act and the Central Sales Tax Act, which were dismissed by the Commissioner through a common order. The petitioner contended that the cancellation under the Central Sales Tax Act was invalid as no notice was issued before the cancellation. The department argued that since the registration was already cancelled under the Orissa Sales Tax Act, no further notice was required for cancellation under the Central Sales Tax Act.

In a connected writ application, the cancellation of the registration certificate under the Orissa Sales Tax Act was quashed, rendering the current order of cancellation under the Central Sales Tax Act invalid. The court emphasized the importance of issuing a notice and providing an opportunity to be heard before cancelling a dealer's registration certificate under the Central Sales Tax Act. Section 7(4)(b) of the Central Sales Tax Act mandates due notice to the dealer before cancellation, and Rule 9(1) of the Central Sales Tax (Registration and Turnover) Rules, 1957 requires affording the dealer an opportunity of being heard. The court clarified that the cancellation under the State Act cannot automatically lead to cancellation under the Central Sales Tax Act, highlighting the necessity of following due process before cancelling a registration certificate.

The judgment emphasized that before cancelling a dealer's registration certificate, due notice and an opportunity to be heard must be provided as per the Central Sales Tax Act and its rules. The court quashed the impugned orders under annexures 1 and 3, emphasizing the illegality of the cancellation due to a violation of principles of natural justice. It was clarified that the quashing of the orders does not prevent the authorities from taking appropriate actions under the Central Sales Tax Act and its rules if warranted by circumstances. The writ application was allowed, and the impugned orders were quashed, with no order as to costs.

In conclusion, the judgment focused on the importance of adhering to principles of natural justice, specifically the requirement of providing notice and an opportunity to be heard before cancelling a dealer's registration certificate under the Central Sales Tax Act. The court's decision to quash the cancellation orders underscored the significance of following due process in such matters, ensuring fairness and procedural regularity in administrative actions related to tax registrations.