2013 (10) TMI 1335 - HC - VAT and Sales Tax

Whether the learned Rajasthan Sales Tax Tribunal was right in law in deleting the interest under section 11B of the Rajasthan Sales Tax Act ? Whether the learned Tribunal was right in law in holding that the interest liability can be calculated from the date the tax is determined or quantified and not from the date from which the tax became due.

Summary

Issues:
1. Interpretation of interest under section 11B of the Rajasthan Sales Tax Act.
2. Calculation of interest liability from the date tax is determined or quantified.

Analysis:
The revision petition challenged an order by the Rajasthan Sales Tax Tribunal regarding the interest levy under section 11B of the Rajasthan Sales Tax Act. The assessing officer had determined that a particular commodity was to be taxed at a general rate of 10%, not the concessional rate of 6%. The Tax Tribunal upheld the tax levy but ruled that interest would commence only from the date the tax was quantified. The assessing officer contended that interest should have been levied from the beginning as it is consequential to the tax burden. The respondent argued that the Tax Tribunal's decision was correct and justified. The court noted that the matter was part of a larger controversy pending before the Tax Tribunal involving the same parties and years. Referring to a previous judgment involving the same parties, the court decided to remand the matter back to the Tax Board for a comprehensive resolution of all issues. The court emphasized the need for expeditious resolution, setting a deadline of six months for the Tax Board to decide on the matter and related issues.

In conclusion, the court allowed the revision petition, quashed the Tax Tribunal's order, and remanded the matter back to the Tax Board for prompt resolution. The court highlighted the importance of finality in tax matters and directed the Tax Board to decide on the issue within six months, considering the prolonged pendency of the case.