2008 (1) TMI 862 - HC - VAT and Sales Tax

Summary

Issues:
Assessment order correctness, Sales tax exemption denial, Compliance with appellate authority directions, Principles of natural justice violation.

Assessment Order Correctness:
The petitioner challenged the assessment order and consequential notice of demand related to the denial of sales tax exemption on tea sales. The High Court found that the assessing authority erred by not conducting a proper inquiry and not complying with directions from the appellate authority and previous judgments. The Court noted that the impugned order was passed without affording the petitioner a proper opportunity and in violation of natural justice principles. The Court deemed the order unsustainable due to these reasons.

Sales Tax Exemption Denial:
The petitioner sought relief regarding the denial of sales tax exemption on tea sales manufactured at its Dharwad unit. The High Court set aside the assessment order and notice of demand, remitting the matter back to the assessing authority. The Court directed the authority to reconsider the exemption denial issue, make a decision in accordance with the law and previous directions, and dispose of the matter after providing a reasonable opportunity to the petitioner within four months.

Compliance with Appellate Authority Directions:
The High Court highlighted that the assessing authority failed to comply with the directions issued by the appellate authority in a previous appeal. Despite specific directives to consider the assessment order for certain years and follow the law, the authority did not adhere to these instructions. The Court emphasized the importance of following appellate directives and legal judgments to ensure proper assessment procedures.

Principles of Natural Justice Violation:
The Court noted a gross violation of the principles of natural justice in the passing of the impugned assessment order. The order was made without proper inquiry and without affording the petitioner a fair opportunity. The Court declared that such a flawed process could not be sustained and emphasized the importance of conducting assessments in line with natural justice principles.

In conclusion, the High Court allowed the writ petition in part, setting aside the assessment order and notice of demand. The matter was remitted back to the assessing authority with specific directions to reconsider the sales tax exemption denial issue, make a decision in accordance with the law and previous directives, and ensure a fair opportunity for the petitioner within a specified timeframe.