2001 (9) TMI 1091 - HC - VAT and Sales Tax

Summary

Issues:
1. Rejection of "C" forms by the respondent based on delay in filing.
2. Entitlement of the petitioner to file "C" form declarations.
3. Jurisdiction of the respondent to accept "C" form declarations after the assessment order is made.

Analysis:
1. The petitioner sought a writ to quash the respondent's order rejecting the "C" forms for the inter-State sale of leather meal for the assessment year 1994-95. The respondent rejected the forms due to a delay in filing, despite the petitioner's explanation of delays in obtaining the forms from dealers. The petitioner argued that the rejection based on timing alone was unjust, as the entitlement to file "C" forms was not in question. The Court agreed, stating that technical delays should not hinder the acceptance of forms when entitlement is established. The respondent's order was set aside, and a direction was given to accept the "C" forms.

2. The Government Advocate contended that the petitioner failed to provide a proper explanation for the delay in submitting the "C" forms. The advocate highlighted that despite receiving a pre-assessment notice and ample time to respond, the petitioner did not comply, leading to the assessment order being passed. The advocate argued that the delay in filing the forms without adequate justification warranted the rejection by the respondent. However, the Court emphasized that the entitlement of the petitioner to file the forms was not in question, and the rejection based solely on timing was unjust. The Court ruled in favor of the petitioner, emphasizing that the delay should not prevent the acceptance of the "C" forms.

3. The Court acknowledged the petitioner's right to file "C" form declarations and emphasized that the rejection by the respondent was solely based on the delay in filing. Despite the petitioner not appealing the assessment order, the Court held that the petitioner was still entitled to request the acceptance of the forms under relevant tax acts. The Court highlighted that substantial justice required accepting the forms, especially when the entitlement to file them was established. Consequently, the Court set aside the respondent's order and directed the acceptance of the "C" forms for the inter-State sale of leather meal for the specified assessment year.