2003 (4) TMI 531 - HC - VAT and Sales Tax

Summary

Issues involved:
Validity of notice to modify recognition certificate and circular directing treatment of "rubber roller" as "rubber product".

Analysis:

1. Validity of the notice and circular: The main issue in the present writ petition was the validity of the notice dated August 27, 1991, issued by respondent No. 3 to modify the recognition certificate and the circular dated June 11, 1991, issued by the Commissioner of Sales Tax. The question raised was whether the Commissioner of Sales Tax, having failed to establish before the Trade Tax Tribunal that the product in question is not a "rubber product," could subsequently issue the circular directing the authorities not to treat "rubber roller" as a "rubber product" and modify the recognition certificate accordingly.

2. Background and facts: The petitioner, a manufacturer of rubber rollers, had a recognition certificate granted to them. A dispute arose regarding the total exemption from tax on rubber rollers manufactured by the petitioner. The Trade Tax Tribunal had previously dismissed the appeal filed by the department and confirmed that rubber roller is indeed a rubber product. However, the Commissioner of Sales Tax issued a circular stating otherwise, leading to the notice dated August 27, 1991, which was challenged in the writ petition.

3. Jurisdiction and alternative remedy: The maintainability of the writ petition was questioned based on the challenge to only a notice. The petitioner argued that the writ petition was maintainable as the authorities were bound by the circular issued by the Commissioner of Sales Tax. The Court held that where a proceeding is wholly without jurisdiction, the High Court can entertain a writ petition. The Tribunal's decision was considered final, and the Commissioner of Sales Tax could not take a different view. The petitioner's reliance on various materials supporting the classification of rubber roller as a rubber product was also noted.

4. Legal principles and precedent: The Court analyzed the previous decisions and held that the Tribunal's order was binding on the assessing authority and the Commissioner of Sales Tax. It emphasized the importance of judicial discipline in following appellate authority decisions to avoid undue harassment to litigants and chaos in the administration of justice. The common parlance meaning was considered crucial in interpreting the intention of the Legislature regarding taxing entries.

5. Judgment: In conclusion, the Court allowed the writ petitions, quashing the impugned notice and orders. The notice dated August 27, 1991, was declared invalid, and the related orders were also quashed. No costs were awarded in the matter.

This detailed analysis of the judgment highlights the key issues, arguments presented, legal principles applied, and the final decision rendered by the High Court in the case.