2004 (8) TMI 668 - HC - VAT and Sales Tax

Summary

Issues:
1. Petition for writ of mandamus to stop tax payment on agency purchases without legal notice.
2. Detention of vehicles transporting raw rubber by tax authorities.
3. Payment of tax under protest by petitioner.
4. Scope for relief under TNGST Act.

Issue 1: Petition for writ of mandamus
The petitioner sought a writ of mandamus to prevent the respondent from demanding tax on agency purchases without issuing a legal notice. The petitioner argued that as a registered dealer under the TNGST Act and CST Act, there was no requirement to pay sales tax on raw rubber purchases meant for principals. Citing Supreme Court decisions, the petitioner claimed that the frequent detention of vehicles by the respondent was a violation of the TNGST Act, leading to the request for the writ.

Issue 2: Detention of vehicles
The petitioner's vehicles carrying raw rubber were detained by the respondent, leading to payments made under protest. The petitioner highlighted instances where sums of tax were paid upon vehicle interception, affecting the petitioner's business operations. The court noted that the petitioner's claim lacked a basis for a blanket direction against the respondent, as there was no specific demand for tax payment in accordance with the TNGST Act, particularly section 42. The court emphasized the need for proper orders or reasoning for tax payments during vehicle detentions, allowing the petitioner to challenge such actions through appropriate channels.

Issue 3: Payment of tax under protest
Payments made by the petitioner under protest for tax amounts on raw rubber purchases were acknowledged by the court. However, the court emphasized the importance of establishing a cause of action for seeking relief through a writ petition. The lack of a clear demand for tax payment from the respondent and the absence of adherence to TNGST Act provisions raised doubts regarding the petitioner's claims, leading to the dismissal of the writ petition.

Issue 4: Scope for relief under TNGST Act
The court highlighted the petitioner's option to pursue remedies in case of future actions by the respondent under section 42 of the TNGST Act. While dismissing the writ petition due to the absence of a valid cause of action, the court suggested that the petitioner could challenge any improper orders or demands through appropriate legal avenues when necessary.

In conclusion, the court dismissed the writ petition, emphasizing the importance of establishing a valid cause of action and following proper legal procedures for challenging tax demands under the TNGST Act. The judgment highlighted the need for clear orders and reasoning for tax payments during vehicle detentions, allowing for effective remedies through legal channels when required.