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2015 (3) TMI 257 - HC - VAT and Sales TaxCondonation of delay - Inordinate delay of 1710 days in filing the Tax Appeal - Held that - ordinarily the Court while considering the question of condonation of delay would take into account sufficiency of the cause in explaining the delay caused in filing the proceedings and once being satisfied with sufficiency of the cause explained, it would not travel to the merit of the matter. However, there is no prohibition in the Court touching the merit of the case while considering the question of delay. In the instant case, as could be noticed from the explanation rendered by the applicant, we could notice that much delay has been caused at the end of the Government Pleader s Office. - It is explained by the applicant petitioner that though the Tax Appeal was required to be filed on or before 12.11.2008, due to the limitation of the administrative mechanism, the appeal was filed belatedly and delay of nearly 1710 days was caused. Mr. Gandhi, when specifically queried, admitted that due to inadvertence the delay was caused at the office of the Government Pleader only. Determination the Entry under section 80 of the Gujarat VAT Act , which attains finality once the Tribunal holds that the transaction is not the transfer of right to use the produce with which the respondent deals with and once this transactions are held not taxable under the Gujarat VAT Act, the State would be permanently debarred from the collecting tax from the respondent - explanation rendered in the form of administrative clearance and the consumption of time at the office of the Government Pleader for preferring appeal as also considering the substantial question of law raised in the present Tax Appeal, we are of the opinion that the issue involved would have far reaching effect as the determination order under section 80 of Gujarat VAT Act attains finality and thus it will be a permanent loss to the exchequer, if the order is not permitted to be challenged by way of Tax Appeal and it is not a question of any conjuncture or presumption to hold that large amount of the revenue is at stake. Resultantly, this Civil Application requires to be considered and is allowed. Considering the cumulative aspects discussed hereinabove, while condoning the delay of 1710 days, the applicant is directed to pay cost of ₹ 25,000/- to the respondent within the period of 4 weeks - Delay condoned.
Issues Involved
1. Condonation of delay in filing the Tax Appeal. 2. Determination of classification under section 80 of the Gujarat VAT Act. 3. Impact of delay on the exchequer and public interest. Detailed Analysis Condonation of Delay in Filing the Tax Appeal The primary issue in this case is the condonation of a delay of 1710 days in filing the Tax Appeal against the judgment and order of the Gujarat Value Added Tax Tribunal dated 31.7.2008. The applicant argued that the delay was due to administrative lapses, specifically the time taken by the Government Pleader's Office to process the appeal. The applicant emphasized that the delay should be condoned to prevent a permanent loss to the exchequer, citing the substantial question of law involved in the appeal. The respondent countered that the delay was inordinate and not sufficiently explained, arguing that the merit of the case should not be considered at the stage of condonation of delay. They relied on previous judgments where similar delays were not condoned due to general explanations. Upon hearing both sides, the Court acknowledged that while sufficiency of cause is crucial in considering condonation of delay, there is no prohibition on considering the merits of the case. The Court noted that the delay was primarily due to the bureaucratic process within the Government Pleader's Office and decided to condone the delay, emphasizing the need to advance substantial justice. Determination of Classification Under Section 80 of the Gujarat VAT Act The appeal involves determining the classification under section 80 of the Gujarat VAT Act. The Tribunal had previously quashed the order of the Joint Commissioner of Commercial Tax, holding that the transaction in question did not amount to the transfer of the right to use electrical equipment and was therefore not taxable under the Gujarat VAT Act. The applicant argued that this determination has far-reaching consequences and affects the nature of tax collection, not just the collection itself. The Court agreed, stating that the determination under section 80 attains finality and has significant implications for tax collection. Impact of Delay on the Exchequer and Public Interest The Court considered the broader impact of the delay on the exchequer and public interest. The applicant argued that not condoning the delay would result in a permanent loss to the exchequer, as the State would be barred from collecting tax from the respondent. The Court referenced the Apex Court's decision in Commissioner of Income-Tax vs. West Bengal Infrastructure Development Finance Corporation Ltd., which emphasized that cases involving substantial tax amounts should be considered on merits despite delays. The Court also cited the decision in State of Gujarat vs. Welspun Gujarat Stahl Rohren Ltd., where a similar delay was condoned due to the substantial tax amount involved and the explanation provided for the delay. The Court highlighted that the State, representing public interest, should not be treated the same as individual litigants due to the inherent bureaucratic delays in government processes. Conclusion In conclusion, the Court condoned the delay of 1710 days, recognizing the administrative lapses and the substantial question of law involved. The Court emphasized the importance of considering the merits of the case to prevent a permanent loss to the exchequer and advance substantial justice. The applicant was directed to pay a cost of Rs. 25,000 to the respondent within four weeks. Rule was made absolute accordingly.
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