1998 (8) TMI 568 - HC - VAT and Sales Tax

Summary

Issues:
Whether a dealer under the Bihar Finance Act, 1981 is liable to file returns and can be subjected to assessment proceedings after closure of the business.

Analysis:
The petitioner, a foodgrains dealer, closed its business in 1982 and applied for registration cancellation. The petitioner claimed that no information was provided regarding the cancellation application. Subsequently, the petitioner received notices for filing returns and penalties for non-compliance. The respondents argued that until registration cancellation, the dealer must file returns and pay taxes. Disputes arose regarding the cancellation application and assessment orders for 1983-84 and 1984-85.

The petitioner contended that after two consecutive years of nil assessment, they were not obligated to file returns or pay taxes. The respondents denied the cancellation application and stated that returns were filed until 1991-92. The court noted that the petitioner's liability to file returns continued even if exempt from tax payment. The petitioner was penalized for non-filing returns for 1992-93.

The court emphasized that the petitioner must file returns as long as the registration stands, irrespective of tax liability. The petitioner was given an opportunity to prove gross turnover did not exceed the specified quantum for 1983-84 and 1984-85. The assessment orders were quashed, and the matter was sent back for reevaluation.

The court allowed the writ petition, quashed the assessment orders, and directed a fresh consideration with a hearing for the petitioner. The petitioner was advised to reapply for registration cancellation promptly. The judgment was delivered by Sachchidanand Jha and Aftab Alam, JJ., with Aftab Alam concurring with the decision.