2009 (2) TMI 766 - HC - VAT and Sales Tax

Summary

Issues involved:
Entertainment of application under section 42(1) of the Haryana General Sales Tax Act, 1973 by the Haryana Tax Tribunal for reference of questions of law, consideration of D.O.R.B. as cattle feed, preliminary objection regarding the emergence of a question of law from the Tribunal's order.

Analysis:

The judgment delivered by the High Court of Punjab and Haryana involved the consideration of an application under section 42(1) of the Haryana General Sales Tax Act, 1973 by the Haryana Tax Tribunal. The Excise and Taxation Commissioner, Haryana, sought reference of questions of law arising from the Tribunal's order dated July 2, 1999, which was reviewed and dismissed on April 2, 2002. The Tribunal referred a question regarding the consideration of D.O.R.B. as cattle feed, which was described in Schedule B as a mixture of various ingredients. The Tribunal's decision to refer this question was challenged based on the argument that the question did not emerge from the order dated April 2, 2002, as it was related to the review of the original order. The preliminary objection raised emphasized the requirement for a question of law to directly arise from the Tribunal's order, citing relevant case law and statutory provisions.

The High Court considered the preliminary objection raised by the counsel for the dealer-assessee and found it to be valid. The court referred to the judgment of the Supreme Court in the case of Scindia Steam Navigation Co. Ltd. [1961] 42 ITR 589, which emphasized that the question referred must directly emerge from the Tribunal's order. The court noted that the question regarding the status of D.O.R.B. as cattle feed was not a subject of debate in the order dated April 2, 2002, which was a review of the original order. The court highlighted the importance of the question being rooted in the Tribunal's order to be considered for reference to the High Court. As the question did not directly arise from the Tribunal's order, the court declined the reference and sent it back unanswered, aligning with the principles established in the Scindia Steam Navigation Co. Ltd. case.

In conclusion, the judgment focused on the procedural aspect of referring questions of law to the High Court, emphasizing the necessity for such questions to emerge directly from the Tribunal's order. The court's decision to decline the reference underscored the importance of maintaining a clear connection between the question raised and the content of the Tribunal's decision, as per established legal principles and precedents.