2010 (2) TMI 1081 - HC - VAT and Sales Tax

Summary

Issues:
1. Validity of revisional authority's order after 13 1/2 years
2. Expectation of maintaining records for 13-15 years
3. Denial of purchasing dealers without proper examination
4. Justification of Sales Tax Tribunal's decision on disallowance
5. Requirement of notification for cancellation of registration
6. Validity of cancellation of registration certificate

Issue 1: Validity of revisional authority's order after 13 1/2 years
The petitioner, a registered dealer under the Sales Tax Act, faced a demand raised by the Assessing Authority in 1971, which was paid. However, the revisional authority revisited the assessment in 1984, after a delay of 13 1/2 years. The petitioner argued that such a delay was unreasonable, citing legal precedents defining a reasonable period for such actions. The court agreed with the petitioner, emphasizing that the revisional authority cannot reopen a matter after an inordinate delay. The court held that the assessment could not have been reopened after such a prolonged period, ruling in favor of the assessee.

Issue 2: Expectation of maintaining records for 13-15 years
One of the questions raised was whether the assessee-dealer was required to maintain records for 13 to 15 years to prove their case, even when the initial sales were allowed by the Department. However, due to the resolution of the first issue in favor of the assessee based on the undue delay in revisiting the assessment, the court did not delve into this question further.

Issue 3: Denial of purchasing dealers without proper examination
Another query raised was regarding the denial of purchasing dealers without proper examination of their books of account and other evidence, as well as without cross-examination. However, this issue was not addressed separately in the judgment due to the primary focus on the validity of the revisional authority's order based on the delay factor.

Issue 4: Justification of Sales Tax Tribunal's decision on disallowance
The Sales Tax Tribunal's decision to uphold the Assessing Authority's disallowance of sales to registered dealers was questioned. The Assessing Authority had not complied with the original order to produce purchasing dealers for cross-examination. However, given the court's ruling on the first issue, this specific matter was not discussed further in the judgment.

Issue 5: Requirement of notification for cancellation of registration
The relevance of notifying the cancellation of sales tax registration of purchasing dealers in the gazette was raised. It was questioned whether the cancellation order needed to be officially notified to disentitle selling dealers from claiming deductions for sales made to them. Unfortunately, this issue was not specifically addressed in the judgment due to the primary focus on the undue delay aspect.

Issue 6: Validity of cancellation of registration certificate
The cancellation of the registration certificate of a purchasing dealer was challenged on the grounds of jurisdiction of the canceling officer. However, this matter was not individually discussed in the judgment as the primary issue of the revisional authority's order after an unreasonable delay took precedence in the court's decision-making process.

In conclusion, the High Court ruled in favor of the assessee, emphasizing that the revisional authority cannot revisit an assessment after an inordinate delay of more than 13 years. This decision led to the disposal of the reference, with the court not finding it necessary to delve into the other questions raised by the Tribunal due to the conclusive ruling on the first issue.