2000 (4) TMI 801 - HC - VAT and Sales Tax

Summary

Issues:
1. On-the-spot collection of tax without assessment or demand.
2. Legality of actions by the second respondent and Regional Vigilance and Enforcement Officer.
3. Compliance with the Andhra Pradesh General Sales Tax Act.
4. Use of post-dated cheques under pressure.
5. Contempt of Court for non-compliance with legal procedures.
6. Directions for returning post-dated cheques and expeditious final assessment proceedings.

Issue 1: On-the-spot collection of tax without assessment or demand
The petitioner sought a writ to declare the collection of cheques for tax and compounding fee on the spot without assessment as illegal. The Court noted that the Andhra Pradesh General Sales Tax Act did not authorize on-the-spot tax collection by coercion. The petitioner was made to part with post-dated cheques under protest, indicating non-voluntary payment. The Court referenced a previous case where the practice of pressurizing assesses to give cheques on the spot was condemned, emphasizing the need for proper assessment procedures before demanding tax payment.

Issue 2: Legality of actions by the second respondent and Regional Vigilance and Enforcement Officer
The Court found that the second respondent and the Regional Vigilance and Enforcement Officer acted high-handedly and disregarded the law by collecting tax on the spot. The officials failed to follow the assessment procedures mandated by the Andhra Pradesh General Sales Tax Act, leading to undue pressure on the petitioner to make payments without proper assessment or demand. The Court warned against such arbitrary actions and emphasized the need to adhere to legal procedures.

Issue 3: Compliance with the Andhra Pradesh General Sales Tax Act
The Court reiterated that the actions of the officials collecting post-dated cheques without following assessment procedures were illegal and contrary to the provisions of the Andhra Pradesh General Sales Tax Act. The officials were directed to cease such actions and allow the competent assessing officer to handle tax collection in accordance with the law.

Issue 4: Use of post-dated cheques under pressure
The Court condemned the practice of collecting post-dated cheques under pressure for alleged tax dues. It emphasized that such actions were not in line with legal procedures and warned officials to stop such practices immediately. The Court directed the return of post-dated cheques to the petitioner and instructed that any amount already realized should be adjusted against the final tax assessment.

Issue 5: Contempt of Court for non-compliance with legal procedures
The Court warned that failure to comply with legal procedures and the Court's directions could lead to action under the Contempt of Courts Act. The judgment emphasized the importance of following due process and conducting tax assessments in accordance with the law.

Issue 6: Directions for returning post-dated cheques and expeditious final assessment proceedings
The Court directed the immediate return of post-dated cheques to the petitioner and instructed the assessing authority to expedite the final assessment proceedings. Any amount already encashed from the cheques was to be adjusted against the final tax assessment. The writ petition was disposed of without costs, with the Court highlighting the need for compliance with legal requirements and Court judgments.