2005 (2) TMI 800 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of Section 46(4) of the Bihar Finance Act, 1981.
2. Authority's power to review orders suo motu.
3. Validity of the impugned order.
4. Remittal of the matter for fresh consideration.

Analysis:

1. The petitioner's revision petition was pending before the Joint Commissioner of Commercial Taxes when the High Court directed the disposal of the revision application. The respondent No. 3, in his order, claimed to lack the power to entertain the application under Section 46(4) of the Act. Section 46(4) empowers the Commissioner to examine the legality or propriety of orders passed by other authorities and revise them upon application within a specified timeframe. The Court noted that the authority's refusal to entertain the application solely based on the petitioner's submission of illegality was legally unfounded.

2. The Court highlighted that the authority possesses the suo motu power to review the legality and propriety of orders, either on its own initiative or upon being informed by any concerned party. The authority's obligation to investigate such matters is not negated by external notifications of illegality; instead, the decision to delve into the issue further rests upon the available evidence. Therefore, the authority's justification for non-action based on the petitioner's complaint was deemed legally untenable.

3. Consequently, the impugned order was set aside, and the matter was remitted to the respondent No. 3 for a fresh consideration. The Court clarified that while the respondent had the discretion to exercise jurisdiction, he could not refuse to act solely because the petitioner had highlighted flaws in the lower authority's order. The Court's decision aimed to ensure that the authority fulfills its duty to review orders diligently and impartially, irrespective of external influences.

4. In conclusion, the Court allowed the application, emphasizing the importance of the authority's obligation to review orders effectively and independently. By remitting the matter for fresh consideration, the Court sought to uphold the principles of administrative justice and legal scrutiny in matters concerning the revision of orders under the Bihar Finance Act, 1981.