1998 (12) TMI 599 - HC - VAT and Sales Tax

Summary

Issues involved: Constitutional validity of proviso (b) to section 30AA of the Gujarat Sales Tax Act, 1969.

Summary:
The judgment addressed the constitutional validity of proviso (b) to section 30AA of the Gujarat Sales Tax Act, 1969. The petitioners raised concerns about the retrospective application of the provision, which could potentially shift tax burdens from dishonest dealers to honest dealers, violating the principle of article 14 against arbitrariness.

The State Government defended the provision, stating that under section 30AA, the Commissioner can cancel the registration of a dealer engaged in fraudulent activities. The consequences of such cancellation, including tax liabilities, penalties, and interest, are to be borne by the dealers involved in fraudulent transactions, as per the scheme of the section.

The State Government clarified that the genuineness of transactions must be verified during assessment or reassessment, and genuine transactions would not be affected by section 30AA and its provisos. Based on this clarification, the issue raised by the petitioners was deemed to no longer exist between the parties.

Consequently, the petitioners did not pursue their petitions further, leading to their dismissal by the court. The rule was discharged, and no costs were awarded in the matter.