2016 (1) TMI 142 - HC - VAT and Sales Tax

Whether the first appellate authority was justified and within its jurisdiction to remand the matter for passing fresh assessment order after considering the issues which were not assailed by the assessee - Held that - Court that under the HGST Act, the appellate authority i.e. the DETC(A) had not been vested with the powers to act on his own motion. Only when an appeal was filed under Section 39 of the Act, did the appellate authority adjudicate upon the specific issues raised in the grounds of appeal or upon those which were urged before it at the time of hearing. The respondent was also given an opportunity to be heard and to reply to the points raised by the appellant. However, the appellate authority while deciding an appeal filed by a party could not take up issues on merit which had not been raised by the appellant. The respondent in the appeal could not invite the appellate authority to take up on merits points or issues not raised,pleaded or urged by the appellant. Accordingly, the DETC(A) was not held to be competent to go into the matters not raised in the appeal and set aside the order of the assessing authority. Appellate authority was not justified in remanding the matter for fresh assessment for considering those issues which were not subject matter of appeal before it. Consequently, the impugned order dated 30.3.2015 passed by the Tribunal as well as order dated 17.7.2014 passed by the DETC(A) for remanding the matter for fresh assessment are set aside and the matter is remanded to the first appellate authority to pass fresh order in accordance with law after hearing learned counsel for the parties - Matter remanded back - Decided in favour of assessee.

Issues Involved:
1. Jurisdiction of the first appellate authority to remand the matter for fresh assessment on issues not appealed by the assessee.
2. Empowerment of the appellate authority to decide issues not raised in the grounds of appeal and not appealed by the revenue.

Detailed Analysis:

Issue 1: Jurisdiction of the First Appellate Authority to Remand the Matter for Fresh Assessment on Issues Not Appealed by the Assessee

The primary issue in these appeals was whether the first appellate authority was justified and within its jurisdiction to remand the matter for passing a fresh assessment order after considering the issues which were not assailed by the assessee. The court examined the relevant legal provisions and precedents to determine the scope of the appellate authority's powers.

The court referred to the case of State of Haryana vs. Frick India Limited (1990) 76 STC 148 (P&H), where it was held that the appellate authority, i.e., the DETC(A), did not have the power to act on its own motion and could only adjudicate upon specific issues raised in the grounds of appeal or those urged at the time of hearing. The court emphasized that the appellate authority could not take up issues on merit that had not been raised by the appellant, and the respondent in the appeal could not invite the appellate authority to take up on merits points or issues not raised, pleaded, or urged by the appellant.

The court also cited Global Business India Pvt. Limited vs. State of Haryana (2013) 45 PHT 439 (P&H), which followed the precedent set in Frick India Limited's case and held that the appellate authority could not enhance the tax liability in the absence of an appeal or cross-objections by the department.

Furthermore, the court referred to the Supreme Court's judgment in State of Kerala vs. M/s Vijaya Stores (1978) 4 SCC 41, where it was held that the appellate tribunal could not enhance the assessment in the absence of cross-appeal or cross-objections by the department. The Supreme Court emphasized that the normal rule that a party not appealing from a decision must be deemed to be satisfied with the decision and bound by it had not been deviated from in the relevant statutory provisions.

In light of these precedents, the court concluded that the first appellate authority was not justified in remanding the matter for fresh assessment for considering issues that were not the subject matter of appeal before it. Consequently, the impugned order dated 30.3.2015 passed by the Tribunal and the order dated 17.7.2014 passed by the DETC(A) for remanding the matter for fresh assessment were set aside.

Issue 2: Empowerment of the Appellate Authority to Decide Issues Not Raised in the Grounds of Appeal and Not Appealed by the Revenue

The second issue was whether the appellate authority was empowered to decide issues that had not been raised in the grounds of appeal and for which no appeal had been filed by the revenue. The court reiterated the principles established in the aforementioned cases, emphasizing that the appellate authority's jurisdiction is limited to the issues specifically raised in the appeal.

The court noted that under the relevant statutory provisions, the appellate authority could only adjudicate upon the specific issues raised in the grounds of appeal or those urged before it at the time of hearing. The appellate authority did not have the power to take up new issues on its own motion or at the invitation of the respondent in the appeal.

The court also observed that the statutory scheme did not contemplate the enhancement of tax liability without an appeal or cross-objections by the department. The absence of provisions for cross-objections in the statute under consideration did not materially change the position of law, as established in the Supreme Court's judgment in Vijaya Stores' case.

In conclusion, the court held that the appellate authority was not empowered to decide issues that had not been raised in the grounds of appeal and for which no appeal had been filed by the revenue. The court remanded the matter to the first appellate authority to pass a fresh order in accordance with the law after hearing the learned counsel for the parties. The court also noted that it would be open for the State to take recourse to any remedy in accordance with the law, including initiating revisional proceedings that had been dropped based on the order of the first appellate authority and/or the Tribunal.

Final Disposition:
The appeals were disposed of, and the matter was remanded to the first appellate authority for a fresh decision in accordance with the law. The court set aside the impugned orders dated 30.3.2015 and 17.7.2014, emphasizing that the appellate authority could not adjudicate on issues not raised in the grounds of appeal.

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