2003 (11) TMI 561 - HC - VAT and Sales Tax

Summary

Issues:
Assailing two orders dated February 7, 2003, passed by the Upper Commissioner, Commercial Tax, Indore in two revisions, dismissed on the ground of limitation.

Analysis:
The petitioner filed a writ under Article 227 of the Constitution of India to challenge two orders dated February 7, 2003, passed by the Upper Commissioner, Commercial Tax, Indore in two revisions arising from an order by the Assistant Commissioner on September 26, 1997. The revisions related to the imposition of penalties under the Commercial Tax Act and Central Sales Tax Act for the period April 1, 1993, to March 31, 1994. The revisionary authority dismissed the revisions as being time-barred, preventing a review of the merits of the penalty imposition. The petitioner sought relief through the writ, arguing that the delay in filing the revisions should have been condoned to allow a review on the merits.

The High Court, after hearing arguments from both parties and examining the case record, found that the delay in filing the revisions should have been condoned. The Court noted that the order imposing the penalty was not served on the petitioner and that the assessment order forming the basis of the penalty was later set aside, resulting in a fresh assessment with benefits for the petitioner. These circumstances, when considered together, justified the condonation of delay to ensure justice was served. The Court emphasized that the power to condone delay should be used liberally to advance the cause of justice, except in exceptional cases where the cause for delay is not disclosed.

Consequently, the High Court allowed the writ petition, quashed the orders dated February 7, 2003, and condoned the delay in filing the revisions. The Court directed the revisionary authority to hear and decide the revisions on their merits within six months, without being influenced by the Court's observations, and after granting the petitioner adequate opportunity. This decision aimed to ensure a fair review of the case based on its merits and within a reasonable timeframe.

In conclusion, the High Court's judgment focused on the importance of condoning delay in filing revisions to allow for a thorough review of the merits of the case, emphasizing the need for a liberal approach to advance the cause of justice.