2013 (12) TMI 1488 - HC - VAT and Sales Tax

Summary

Issues Involved:

1. Condonation of Delay
2. Administrative Procedure and Delay Explanation
3. Impact on Revenue and Public Interest
4. Precedents and Judicial Approach
5. Imposition of Costs

Summary:

1. Condonation of Delay:
The State of Gujarat filed an application u/s 5 of the Limitation Act to condone a delay of 331 days in preferring a tax appeal against the order dated 6/8/2012 by the Gujarat Value Added Tax Tribunal.

2. Administrative Procedure and Delay Explanation:
The applicant explained that the delay occurred due to the administrative procedures required to file a tax appeal, including obtaining opinions from various officers, getting approval from the Finance Department, and preparing the appeal by the Government Pleader's office. The learned AGP argued that the delay was not intentional and was a result of the procedural requirements.

3. Impact on Revenue and Public Interest:
The AGP emphasized that the impugned order involved a significant revenue amount of approximately Rs. 4.51 Crores, which could adversely affect similar cases. The delay, if not condoned, would deprive the applicant of presenting the case on merits, which would not be in the larger public interest.

4. Precedents and Judicial Approach:
The court referred to several precedents, including the Supreme Court's decision in CIT vs. West Bengal Infrastructure Development Finance Corporation Ltd., which emphasized that cases with significant tax implications should be decided on merits rather than being dismissed on technical grounds of delay. The court also cited the Division Bench's decisions in similar cases where delays were condoned due to substantial revenue stakes and procedural delays inherent in government functioning.

5. Imposition of Costs:
The court acknowledged the respondent's opposition, citing the decision in Postmaster General vs. Living Media India Ltd., but noted that the decision in West Bengal Infrastructure Development Finance Corporation Ltd. was more pertinent due to its relevance to tax matters. The court concluded that the delay should be condoned by imposing a reasonable cost.

Conclusion:
The application was allowed, and the delay was condoned by awarding a cost of Rs. 10,000 to be paid to the respondent within six weeks. The main Tax Appeal was scheduled for admission hearing on December 12, 2013.