2008 (7) TMI 884 - HC - VAT and Sales Tax

Summary

Issues:
Exemption from payment of commercial tax denied by competent authority, rejection of appeals by State Level Committee and State Appellate Forum, challenge to assessment order through revision petition, challenge to revisional order dated March 31, 2008, setting aside of State Appellate Forum's order dated May 3, 2005, remittance of matter to State Appellate Forum for a fresh decision, setting aside of revisional authority's order dated March 31, 2008, remittance of matter to revisional authority for a fresh decision, direction to keep the matter pending till a final decision by State Appellate Forum.

Analysis:
The judgment by the High Court of Madhya Pradesh addressed three writ petitions with identical controversies. The petitioner-company had sought exemption from commercial tax, which was initially denied by the competent authority. Subsequent appeals to the State Level Committee and State Appellate Forum were also unsuccessful. The company challenged the assessment order through a revision petition, which was rejected by the Additional Commissioner of Commercial Tax in March 2008.

One of the key points in the judgment was the setting aside of the State Appellate Forum's order dated May 3, 2005, in a previous case. The High Court had remitted the matter back to the State Appellate Forum for a fresh decision following a hearing on July 8, 2008. As a result, the basis for the revisional order against the petitioner-company was no longer valid, as it was solely reliant on the now-overturned State Appellate Forum's decision.

Consequently, the High Court allowed the present petitions, setting aside the revisional authority's order dated March 31, 2008, specifically regarding the exemption claimed by the petitioner-company. Other aspects of the order were upheld as they were not under challenge. The matter was remitted back to the revisional authority for a fresh decision on the exemption question, pending the final decision by the State Appellate Forum.

The judgment also directed the revisional authority to keep the matter pending until the State Appellate Forum's decision and to make an appropriate decision in the revision petition thereafter. The parties were instructed to appear before the Additional Commissioner of Commercial Tax in Indore on a specified date, following the rules.