2010 (6) TMI 717 - HC - VAT and Sales Tax

Declining the request of the petitioner in issuing declaration form H under section 5(3) of the Central Sales Tax Act, 1956 Held that - Natural justice is the essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarriage of justice. In the light of the said circumstances, the impugned order passed by the first respondent and confirmed by the orders of the second and third respondents is set aside and the matter is remitted to the first respondent to consider the request of the petitioner seeking form XVII under TNGST Act and pass fresh order after considering all objections to be submitted by the petitioner after issuance of notice. With the above direction, the writ petition is disposed of

Summary

Issues:
Challenge to rejection of declaration form H under section 5(3) of the Central Sales Tax Act, 1956 based on lack of prior agreement for export sale, inability to ascertain goods purchased or manufactured, and lack of certification of goods despatched through an envelope. Violation of principles of natural justice by not providing notice to the petitioner before rejecting the form.

Analysis:
The judgment addressed the challenge to the rejection of the declaration form H under section 5(3) of the Central Sales Tax Act, 1956. The respondent had declined the request citing reasons such as the absence of a prior agreement for an "export sale" between a foreign buyer and seller, inability to verify if the goods purchased or manufactured were the same as those exported, and lack of certification of goods despatched through an envelope. The petitioner argued that the rejection had civil consequences and thus required adherence to the principles of natural justice, emphasizing the importance of providing notice before relying on reasons for rejection.

The judgment highlighted the significance of natural justice in administrative actions involving civil consequences. It referenced a Supreme Court decision emphasizing the audi alteram partem rule, stating that no one should be condemned unheard, and notice is the first limb of this principle. The judgment elaborated on the evolution of natural justice principles, emphasizing the importance of fair play, adequate opportunity for representation, and the prevention of miscarriage of justice through the application of these principles.

Furthermore, the judgment underscored that natural justice is deeply rooted in tradition and conscience, serving as the essence of fair adjudication. It noted that even administrative orders with civil consequences must align with the rules of natural justice, encompassing not only property or personal rights but also civil liberties, material deprivations, and non-pecuniary damages. The court set aside the impugned order, directing the respondent to issue notice to the petitioner, consider objections, and pass fresh orders if necessary within a specified timeframe to ensure procedural fairness and compliance with natural justice principles.

In conclusion, the judgment emphasized the evolving nature of natural justice, its fundamental role in preventing injustice, and the need for quasi-judicial bodies to adhere to these principles when determining disputes or taking administrative actions with civil consequences. The decision restored the application filed by the petitioner, highlighting the importance of procedural fairness, notice, and the right to be heard in administrative proceedings.