2014 (8) TMI 929 - HC - VAT and Sales Tax

Levy sales tax and VAT on transactions affected by the SEZ unit of the petitioner Company - Held that - Petitioners seeks permission to withdraw the present Special Civil Application as the petitioners propose to challenge the order / orders passed by the learned first appellate authority before the learned tribunal, however, has requested to make suitable observation that if the appeal / appeals are preferred within a period of two weeks from today the same may not be dismissed solely on the ground of limitation. - Appeal withdrawn.

Summary

Issues:
1. Challenge to levy of sales tax and VAT on transactions by SEZ unit
2. Categorization of transactions from SEZ to DTA as normal import
3. Quashing of assessment orders for Financial Years 2004-09
4. Setting aside of recovery proceedings initiated by authorities
5. Stay on proceedings initiated by notices dated 13/02/2014 and 18/02/2014
6. Permission to withdraw Special Civil Application due to delay in appealing before first appellate authority

Analysis:
1. The petitioners sought relief against the levy of sales tax and VAT on transactions by their SEZ unit, declaring it illegal and bad in law. They requested a writ of mandamus to withdraw the demand and categorize transactions from SEZ to DTA as normal import, levying only import duty. The court was urged to quash assessment orders for FY 2004-09 and set aside recovery proceedings initiated by notices dated 13/02/2014 and 18/02/2014. Additionally, they sought a stay on these proceedings pending the petition's hearing.

2. The petitioners had appealed before the first appellate authority against assessment orders, which were dismissed due to a two-year delay in filing and non-deposit of pre-deposit. As these grounds were not challenged and could be contested before the Gujarat Value Added Tax Tribunal, the petitioners intended to withdraw the Special Civil Application. Their counsel sought permission to withdraw and requested observations to prevent dismissal of future appeals solely based on limitation if filed within two weeks.

3. The Advocate General representing the respondent had no objection to the petitioners' withdrawal and the potential observations requested. Consequently, the Special Civil Application was dismissed as withdrawn, with a provision that appeals filed within two weeks before the tribunal against the first appellate authority's orders would be considered on their merits, subject to compliance with the Gujarat Value Added Tax Act, 2003.

This detailed analysis of the judgment highlights the issues raised by the petitioners, the actions taken by the court, and the agreement between the parties involved, providing a comprehensive overview of the legal proceedings and outcomes.