2006 (6) TMI 479 - HC - VAT and Sales Tax

Summary

Issues:
1. Validity of assessment orders, demand notices, and endorsements issued by the department.
2. Applicability of promissory estoppel against the Government.
3. Entitlement of petitioners to tax exemption benefit under the KST Act.

Detailed Analysis:
1. The judgment addressed the validity of assessment orders, demand notices, and endorsements issued by the department against the petitioners. The petitioners, who were granted tax exemption under a notification dated December 30, 1993, for a specified period, had their entitlement questioned after the enactment of the Karnataka Value Added Tax Act in 2005. The court found that the department's actions were not backed by any public interest that would outweigh the individual interests of the petitioners. It was noted that the State Government had not withdrawn the earlier notification granting tax exemption, and therefore, the department could not withdraw the tax concession given to the petitioners. As a result, the court quashed the endorsement withholding the exemption, the assessment orders, and the demand notices.

2. The judgment discussed the applicability of promissory estoppel against the Government. It was emphasized that the principle of promissory estoppel can be applied against the Government under certain circumstances, particularly when there is a balance of equity or public interest involved. The court examined whether there was any public interest justifying the withdrawal of the tax rebate promised to the petitioners. Finding no such public interest, the court held that the respondent-officers of the tax department were estopped from prematurely withdrawing the incentive tax rebate available to the petitioners. The court highlighted that the equity in favor of the petitioners, arising from the promises made by the State Government, remained undisturbed and entitled the petitioners to continue availing the tax exemption benefit.

3. Lastly, the judgment focused on the entitlement of the petitioners to the tax exemption benefit under the Karnataka Sales Tax Act. The court recognized that the petitioners, as new industrial units in the tourism sector, were rightly granted exemption under the KST Act. It was noted that the tourism industry had been declared as an industry by a Government order, thereby justifying the tax exemption granted to the petitioners. Consequently, the court ruled that the petitioners were entitled to avail the tax exemption benefit for the unavailed portion of the period specified in the exemption certificates issued to them earlier. As a result, the court quashed the endorsement withholding the exemption, the assessment orders, and the demand notices, allowing the writ petitions and making the rule absolute.