2001 (4) TMI 898 - HC - VAT and Sales Tax

Summary

Issues involved:
Challenge to orders passed by Additional Commissioner of Sales Tax and the Appellate Tribunal, Sales Tax regarding demands raised under the Delhi Sales Tax Act, 1975 for the assessment year 1992-93 for failure to produce declaration forms in respect of sales to registered dealers.

Analysis:
The judgment delivered by the High Court addressed the application questioning the correctness of the orders passed by the Additional Commissioner of Sales Tax and the Appellate Tribunal, Sales Tax. The dispute revolved around demands raised under the provisions of the Delhi Sales Tax Act, 1975 for the assessment year 1992-93 due to the petitioner's failure to produce declaration forms in relation to sales to registered dealers, resulting in a total demand of Rs. 6,35,292. The petitioner appealed before the Additional Commissioner, who directed the deposit of the entire extra demand as a pre-condition for entertaining the appeal. Subsequently, the Tribunal dismissed the appeal when the petitioner failed to comply with the order. Another appeal was filed before the Tribunal challenging the order of dismissal, which was also dismissed due to non-compliance with the earlier order. The petitioner cited prolonged illness as the reason for non-compliance, supported by certificates from hospital authorities. The petitioner also mentioned obtaining the declaration forms, which were available to be produced before the appellate authority. The revenue's counsel argued that there was a significant period of inaction on the petitioner's part, questioning the delay in challenging the orders. The High Court observed that the petitioner had not taken action for certain periods, justifying the Additional Commissioner's dismissal of the appeal. However, considering the possession of most declaration forms by the petitioner for production, the High Court directed the deposit of Rs. 3.5 lakhs by a specified date, staying the realization of the balance until the disposal of the first appeal. The petitioner was instructed to appear before the Additional Commissioner with proof of payment for further proceedings. It was clarified that the stay of recovery did not indicate an opinion on the acceptability of the declaration forms possessed by the petitioner.

Overall, the petition was disposed of accordingly, with the High Court providing specific directions for the deposit and stay of recovery, emphasizing the need for compliance and further proceedings before the appellate authority.