2003 (4) TMI 540 - HC - VAT and Sales Tax

Summary

Issues involved:
Challenging assessment orders under Article 227 of the Constitution of India, violation of natural justice principles, failure to provide copies of relied-upon documents, non-disclosure of final assessment orders, delay in assessment proceedings, direction to set aside impugned orders, fresh assessment with proper opportunity for defense, continuation of attachment with permission for business activities.

Analysis:
- The petitioners challenged assessment orders under Article 227 of the Constitution of India, alleging that the assessing officer failed to provide copies of relied-upon documents, preventing them from presenting a defense. The petitioners contended that the orders were contrary to procedural requirements and principles of natural justice. The respondents were accused of failing to disclose the final assessment orders during a previous writ petition, leading to recovery proceedings without proper notification to the petitioners.

- The counsel for the petitioners highlighted discrepancies in the assessment process, emphasizing the failure to follow court directions regarding document disclosure. The petitioners sought quashment of the assessment orders due to non-compliance with procedural requirements and lack of opportunity to respond to the allegations.

- The respondents, represented by the Deputy Government Advocate, argued that the petitioners were involved in serious charges and were allowed to inspect documents during the assessment. They claimed that the petitioners delayed proceedings and did not cooperate fully. The respondents attributed the non-disclosure of final assessment orders to the lack of opportunity to file a reply during the previous writ petition.

- The court noted the failure of the respondents to provide satisfactory explanations for not supplying copies of seized documents to the petitioners for defense. It deemed the suppression of facts regarding final assessment orders as a serious anomaly. The court directed the setting aside of the impugned orders and ordered a fresh assessment with proper opportunity for defense, in line with the Commercial Tax Act and Rules.

- The court instructed the petitioners to participate in the assessment proceedings, cooperate fully, and submit their objections within a specified timeframe. The respondents were directed to supply all necessary documents to the petitioners. The court allowed the petitioners to continue business activities but maintained the attachment of their properties.

- The judgment concluded by directing the continuation of the attachment with permission for business activities and services to customers. The petition was finally disposed of without any costs imposed.

This detailed analysis outlines the issues raised, arguments presented by both parties, court's observations, and the final directives issued in the judgment.