1998 (8) TMI 583 - AT - VAT and Sales Tax

Issues Involved:
1. Legality of the notices dated April 24, 1998, issued by the Assistant Commissioner, Commercial Taxes.
2. Jurisdiction and authority of the respondent to direct the applicant to produce books of accounts for assessment.
3. Bar of limitation concerning the assessment for the period ending March 31, 1995.
4. Impact of pending judgment on the validity of the seizure and retention of books of accounts.
5. Applicability of the proviso to sub-section (7) of section 8 of the West Bengal Taxation Tribunal Act, 1987, on the interim order.

Detailed Analysis:

1. Legality of the Notices Dated April 24, 1998:
The applicant challenged the notices issued by the Assistant Commissioner, Commercial Taxes, Posta Bazar Charge, for producing books of accounts for assessment. The Tribunal noted that the applicant had previously contested a search and seizure operation and the retention of seized records. Despite the pending judgment on the seizure's legality, the Tribunal held that evidence obtained from an illegal seizure could still be used for assessment, referencing the Supreme Court's decision in Pooran Mal v. Director of Inspection (Investigation), Income-tax. Thus, the notices were deemed valid.

2. Jurisdiction and Authority of the Respondent:
The applicant argued that respondent No. 4 lacked the authority to demand the production of books for assessment. The Tribunal dismissed this contention, stating that the assessing officer's direction to appear at the Bureau of Investigation's office was within jurisdiction, as it facilitated the examination of seized records. The Tribunal emphasized that the assessing officer was not directing the applicant to appear before another authority but merely at the location where the records were held.

3. Bar of Limitation:
The applicant contended that the assessment for the period ending March 31, 1995, was barred by limitation, asserting that the interim order restraining the assessment had been vacated on December 16, 1997. The Tribunal clarified that the interim order, passed in RN-167 of 1997, was not subject to automatic vacation under the proviso to sub-section (7) of section 8 of the West Bengal Taxation Tribunal Act, 1987. The interim order was intended to remain in force until the main application was disposed of, thus the notices issued on April 24, 1998, were not barred by limitation.

4. Impact of Pending Judgment on Seizure Validity:
The applicant argued that the pending judgment on the validity of the seizure and retention of books should impact the assessment process. The Tribunal rejected this argument, reiterating that even if the seizure was deemed illegal, the evidence obtained could still be used for assessment purposes. The Tribunal emphasized that the pending judgment did not affect the assessment proceedings initiated by the notices.

5. Applicability of Proviso to Sub-section (7) of Section 8:
The applicant claimed that the interim order was automatically vacated after six months as per the proviso to sub-section (7) of section 8 of the West Bengal Taxation Tribunal Act, 1987. The Tribunal explained that this proviso applied only to exceptional interim orders passed to prevent business disruption or loss. Since the interim order in question was not based on such grounds, it was not subject to automatic vacation. The Tribunal concluded that the interim order remained effective until the main application was decided.

Conclusion:
The application was dismissed, with the Tribunal affirming the validity of the notices dated April 24, 1998, and rejecting the applicant's arguments regarding jurisdiction, limitation, and the impact of the pending judgment on seizure validity. The prayer for a stay of the judgment's operation was also denied.

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