2002 (5) TMI 844 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Retrospective operation of the impugned notification.
2. Vires of the impugned notification under Articles 14, 19(1)(g), and 304 of the Constitution of India.
3. Estoppel based on the clarification issued by the Commissioner under Section 59A of the Kerala General Sales Tax Act.

Issue-wise Detailed Analysis:

1. Retrospective Operation of the Impugned Notification:
The court examined whether the notification SRO No. 7/2002, which had retrospective effect from 1.4.2000, could legally operate retrospectively. The court referenced two decisions, M.M. Nagalinganadar v. State of Kerala and Deputy Commissioner (Law) v. MRF Ltd., which concluded that while Section 10(1) of the Kerala General Sales Tax Act allows for prospective or retrospective exemptions or reductions in tax, Section 10(3) does not confer express power for retrospective cancellation or variation of such notifications. The court held that the impugned notification was not merely clarificatory but introduced a new concept by restricting the benefit of sales tax exemption to those who own and run a hatchery and poultry on land owned by them, excluding leased or mortgaged land. Consequently, the retrospective operation of the notification was invalid.

2. Vires of the Impugned Notification:
The court addressed the challenge under Articles 14, 19(1)(g), and 304 of the Constitution, referencing a Division Bench decision in Baby v. Addl. Sales Tax Officer, which upheld the constitutionality of similar notifications. The court emphasized that the power of exemption under Section 10 of the KGST Act is within the State's legislative competence and is not discriminatory. The court noted that the State's policy to promote poultry farming within Kerala by providing tax exemptions to farms on owned land was a rational differentiation and not a colourable exercise of power. The court also referenced the Supreme Court's decision in Video Electronics Pvt. Ltd. v. State of Punjab, which supports the State's authority to impose reasonable restrictions in the public interest.

3. Estoppel Based on Clarification Issued by the Commissioner:
The court examined the contention of estoppel based on the Commissioner's clarification under Section 59A, which had extended the tax exemption to poultry farms on leased land. The court clarified that there is no estoppel against law and that the government notification under Section 10 supersedes the Commissioner's clarification. The court held that the pre-amended notification and the clarification did not provide a specified period for the concession, and the government's new policy on tax concessions, as declared in the impugned notification, was valid. Therefore, the contention of promissory estoppel was not applicable.

Conclusion:
The court declared that the impugned notification SRO No. 7/2002 does not have retrospective operation. The parties were directed to pursue their individual cases based on this declaration. The court upheld the vires of the notification under the constitutional provisions and dismissed the contention of estoppel.