2001 (5) TMI 934 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to the order passed by the Appellate Tribunal on the maintainability of a consolidated appeal.

Analysis:
The dispute arose concerning the assessment year 1992-93, where the petitioner, a registered dealer, was assessed with an extra demand of tax. The Deputy Commissioner directed a payment as a condition for entertaining the appeals filed by the petitioner. However, the Tribunal rejected the consolidated appeal, stating that separate appeals were required due to the dispute relating to different statutes. Moreover, the memorandum of appeal was not in the prescribed format and was signed by the power of attorney, rendering the appeal non-maintainable.

The first issue addressed was whether the power of attorney holder could sign the memorandum of appeal and if the appeal was in the prescribed format. The Tribunal referred to relevant rules and held that the appeal did not meet the requirements under the Delhi Sales Tax Rules, 1975. It was emphasized that the appeal was not presented in the requisite format, form ST-30, as required by the Rules.

Regarding the signing of the memorandum of appeal, it was argued that the power of attorney holder's signature was valid as per the definition of 'agent' in the rules. The Court agreed that the regulations stipulating mandatory signing by the appellant were inconsistent with the rules, where signature by an agent was permitted. The Court found the Tribunal's conclusion on the signing issue to be erroneous.

The second issue revolved around whether one consolidated appeal was sufficient or if two separate appeals were mandatory. Citing a Full Bench judgment, it was noted that separate appeals were required when the dispute related to different statutes, as held by the apex Court in a previous case. The Court upheld the Tribunal's decision that two separate appeals were necessary. Consequently, the Court directed the filing of an additional appeal within three weeks to address the issue, ensuring both appeals could be heard on merits if free from defects.

In conclusion, the Court ordered the restoration of the rejected appeal if a separate additional appeal was filed, emphasizing that no opinion was expressed on the case's merits.