2004 (2) TMI 674 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of provisions under the Sick Industrial Companies (Special Provisions) Act, 1985 regarding the moratorium granted to a sick unit.
2. Legal obligation of a manufacturer to remit collected tax amount to the State under the Karnataka Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1979.
3. Request for a writ of mandamus to compel the State to issue Form 40 without the manufacturer remitting the collected tax amount.

Analysis:
1. The judgment dealt with the interpretation of the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 regarding the moratorium granted to a sick unit. The petitioner, a cement manufacturer, claimed the benefit of the moratorium under section 22(1) of the Act, which provides immunity from enforcement of any liability during the pendency of proceedings for rehabilitation. The petitioner argued that coercive action by the State to pay the entry tax collected from dealers post-April 1, 2002, and not remitted to the State, was in violation of the moratorium. The court analyzed the petitioner's voluntary collection of tax and concluded that the State's refusal to issue Form 40 without tax remittance was not coercive but a voluntary obligation of the petitioner, dismissing the writ petition.

2. The legal obligation of a manufacturer to remit collected tax amount to the State under the Karnataka Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1979 was a crucial issue in the judgment. The petitioner had collected entry tax from dealers but failed to pass it on to the State post-April 1, 2002. The State declined to issue Form 40, a receipt for tax remittance, to the petitioner due to non-payment. The court highlighted that Form 40 issuance is based on tax remittance by the manufacturer, emphasizing the voluntary nature of the manufacturer's responsibility to pass on collected tax. The court dismissed the petitioner's argument that the State's refusal amounted to coercion, stating it was not a statutory right and did not fall under the moratorium protection.

3. The request for a writ of mandamus to compel the State to issue Form 40 without the manufacturer remitting the collected tax amount was another significant aspect of the judgment. The petitioner sought the writ, citing the State's agreement to extend concessions during the rehabilitation period. However, the court emphasized that the issuance of Form 40 is linked to tax remittance by the manufacturer, which the petitioner failed to fulfill. The court rejected the petitioner's claim that the State's refusal was coercive, stating it was not entitled to the writ as the relief sought did not arise from any statutory provision or right enforceable in court.

In conclusion, the court dismissed the writ petition, ruling that the petitioner's voluntary collection of tax without remittance did not entitle them to the relief sought. The judgment underscored the distinction between statutory obligations and voluntary acts, emphasizing the manufacturer's responsibility to pass on collected tax amounts to the State under the relevant tax laws.