2001 (10) TMI 1131 - HC - VAT and Sales Tax

Summary

Issues involved:
The issues involved in the judgment are the classification of a product for tax purposes under the Tamil Nadu General Sales Tax Act, 1959, the binding nature of clarifications issued by the Commissioner, and the requirement of providing a hearing to the dealer seeking clarification.

Classification of Product for Tax Purposes:
The petitioner sought clarification from the Commissioner regarding the tax classification of the product "Makka Poha," contending that it should be taxed under a specific item exempted from tax. However, the Commissioner classified the product as a taxable "food" item under a different entry, leading to a challenge by the petitioner.

Binding Nature of Clarifications:
The Tribunal rejected the petitioner's challenge, stating that clarifications issued by the Commissioner do not bind the appellate authority but do bind the assessing authority. The judgment highlighted that clarifications issued by the Commissioner are binding on all persons working under the Commissioner of Commercial Taxes, emphasizing the significance of such clarifications in tax matters.

Requirement of Providing a Hearing:
The judgment emphasized the importance of providing a hearing to dealers seeking clarifications from the Commissioner, especially when the proposed finding is adverse to the dealer. It was noted that while adverse clarifications bind the assessing authority, the dealer can challenge them in appellate proceedings. The failure to provide a hearing to the petitioner before issuing an adverse order led to the setting aside of the Commissioner's order, emphasizing the right of the dealer to be heard in such matters.

This judgment underscores the significance of clarifications issued by the Commissioner in tax matters, the binding nature of such clarifications on assessing authorities, and the necessity of providing a hearing to dealers seeking clarifications, particularly when adverse findings are proposed.