1987 (4) TMI 49 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Contempt of Court by a Commercial Tax Officer.
2. Binding nature of High Court judgments on subordinate authorities.
3. Procedure to be followed when an appeal is pending before the Supreme Court.

Summary:

1. Contempt of Court by a Commercial Tax Officer:
The proceedings for committing contempt of court were initiated suo motu by the High Court against the Commercial Tax Officer-1, Kurnool. The officer had assessed inter-State sales of protein flour at 4%, contrary to the High Court's earlier judgment in TRC No. 40 of 1982, which held that protein flour should be taxed at 1 1/4% u/s entry 29 of the First Schedule to the A.P. General Sales Tax Act, 1957. The officer justified his action by stating that an appeal against the High Court's judgment was pending in the Supreme Court, and thus, he could not implement the High Court's decision.

2. Binding Nature of High Court Judgments on Subordinate Authorities:
The High Court emphasized that authorities and tribunals within its jurisdiction are bound to follow its decisions unless the Supreme Court suspends the operation of the judgment. The court cited several precedents, including the Supreme Court's ruling in East India Commercial Co. Ltd. v. Collector Of Customs, AIR 1962 SC 1893, which established that administrative tribunals cannot ignore the law declared by the highest court in the State. The court also referred to other cases, such as Dibakar Satpathy v. Hon'ble the Chief Justice and his Companion justices, AIR 1961 SC 1315, and Baradakanta Mishra v. Bhimsen Dixit, AIR 1972 SC 2466, to reinforce this principle.

3. Procedure to be Followed When an Appeal is Pending Before the Supreme Court:
The High Court clarified that if an authority finds a decision unacceptable, the proper course is to appeal to the Supreme Court and seek suspension of the judgment. The court criticized the practice of authorities refusing to follow its decisions on the grounds that an appeal is pending or steps are being taken to file an appeal. The court warned that such actions could lead to contempt proceedings.

Conclusion:
The High Court found the Commercial Tax Officer guilty of contempt for refusing to implement its judgment. However, considering the officer's unqualified apology and acknowledgment of his mistake, the court decided to take a lenient view and dropped further proceedings. The contempt case was disposed of with no costs.