1992 (1) TMI 351 - SC - VAT and Sales Tax

Summary

Issues:
1. Challenge to levy of Central Sales Tax on certain transactions.
2. Applicability of remedy of direct appeal to the Sales Tax Appellate Tribunal.
3. Impleading various States regarding the refund of taxes paid under local sales tax enactments.
4. Pending assessment orders for six assessment years.

Analysis:
1. The petitioner company challenged the levy of Central Sales Tax on specific transactions following an order by the Deputy Commissioner of Sales Tax. The petitioner approached the Supreme Court after a notice was issued by the Deputy Commissioner. The Court allowed an amendment to the writ petition to challenge the Deputy Commissioner's order. However, the Court suggested that the petitioner should file a direct appeal to the Sales Tax Appellate Tribunal as the primary issue hinges on factual considerations, especially since there was already a stay order preventing tax collection. The Court adjourned the writ petition for six months and directed the petitioner to file an appeal to the Tribunal within a month, emphasizing the need for expeditious disposal of the appeal.

2. The petitioner involved various States, claiming that if the Central Sales tax levy is upheld, taxes paid under local sales tax enactments should be refunded. The Court issued notices to the concerned States. The State of Kerala argued that the petitioner cannot seek relief against assessment orders in other States unless those orders are challenged and set aside. The petitioner's counsel contended that there are precedents allowing claims for refunds if transactions are deemed inter-State sales. The Court refrained from expressing an opinion on this matter, leaving it to the petitioner to decide whether to challenge assessment orders immediately or after the Tribunal's decision.

3. The petitioner highlighted six assessment years from 1978-79 to 1983-84 in the writ petition. The Deputy Commissioner had revised orders for three years, while assessment orders were pending for the remaining three years. The Court permitted the petitioner to file appeals for the pending years within a month, with applications for condonation of delay. These appeals were to be kept pending until the Tribunal decided on the first three years' appeals. The first appellate authority was directed to dispose of the pending appeals within one month of the Tribunal's decision.

4. The Court adjourned the writ petition for six months, scheduling it for the 3rd week of July 1992.