2002 (2) TMI 1302 - HC - VAT and Sales Tax

Summary

Issues:
Recovery proceedings against partners of a dissolved firm for sales tax dues under section 48 of the Gujarat Sales Tax Act, 1969.

Analysis:
1. Partnership Dissolution and Liability: The petitioners contended that their firm was dissolved, and they were not liable for the sales tax dues. They argued that they were not given a proper hearing to determine their liability, violating principles of natural justice. They also disputed the authenticity of a signature on a notice. However, the Revenue argued that the amount was due from the firm to a dealer, justifying the recovery proceedings.

2. Legal Provisions: Under section 48 of the Act, a special mode of recovery of sales tax dues is provided. The Commissioner can issue notices to recover dues from third parties owing money to the dealer. Any person discharging the dealer's liability after receiving the notice becomes personally liable to the Commissioner. The law mandates a hearing if objections are raised against the notice.

3. Recovery Proceedings: The firm in question owed a significant sum to the dealer, and recovery proceedings were initiated under section 48. The partners were served notices, and one partner admitted the firm's liability in writing. The partner assured payment to the authorities, and subsequent evidence confirmed the payment to the dealer after the notice was received.

4. Court Decision: The Court found that the actions of the Revenue were justified and lawful, concluding that there was no basis for interference. Both petitions were rejected, and the rule was discharged with no order as to costs. The interim relief granted was vacated in both cases.

In summary, the Court upheld the recovery proceedings against the partners of the dissolved firm for sales tax dues under section 48 of the Act, rejecting the petitioners' arguments regarding dissolution, lack of proper hearing, and signature authenticity. The judgment affirmed the legality of the Revenue's actions and found no grounds for intervention, leading to the dismissal of both petitions.