2018 (1) TMI 1342 - HC - VAT and Sales Tax

Rejection of Form I submitted by the appellant / writ petitioner - rejection on the ground of non-entertainment - Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2008 - Held that - Sub section (3) of section 6 mandates the applicant to remit 90% of the arrears and if the applicant has not paid 90% of the amount payable under Section 7, along with the application, the designated authority shall summarily reject the application - Admittedly, the father of the appellant has paid only 63% of the arrears as against the said mandate of 90% of the arrears - In the considered opinion of this Court, it cannot be termed as mere omission or defect so as to attract Rule 3(5) of the Tamil Nadu Sales Tax (Settlement of Arrears) Rules, 2008. In the considered opinion of this Court, the appellant / writ petitioner has failed to comply with the mandatory provisions and the first respondent, in exercise of the power under Section 6(3) of the Act, has rightly rejected the application - petition dismissed.

Summary

Issues Involved:
Challenge to rejection of application under Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2008 for non-entertainment.

Comprehensive Analysis:
The writ petitioner, who is the appellant, challenged the rejection of his application under Form I of the Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2008. The rejection was based on the grounds of non-entertainment by the first respondent. The appellant's challenge to this rejection through a Writ Petition was also dismissed. The appellant then filed a writ appeal challenging the legality of the rejection order. The appellant contended that the rejection was unjustified as it was based on non-payment of 90% of the amount payable along with the application, as mandated by the Act. The appellant's father, the original applicant, had passed away after submitting the application. The first respondent rejected the application on the grounds that only 63% of the amount payable was remitted, falling short of the required 90%. The appellant argued that the rejection was improper and should have been treated as a defect or omission under Rule 3(5) of the Tamil Nadu Sales Tax (Settlement of Arrears) Rules, 2008. The appellant claimed that the rejection was beyond the 10-day period prescribed for rectification of defects or omissions, as per the rules.

The appellant's counsel highlighted Rule 3(5) of the Tamil Nadu Sales Tax (Settlement of Arrears) Rules, 2008, stating that non-payment of 37% could be considered a defect or omission. The counsel argued that the rejection should have been subject to rectification within 10 days, as per the rules. However, the Special Government Pleader contended that the Act's requirement of paying 90% of arrears was not a defect or omission but a mandatory provision. The respondent argued that since the appellant's father had only paid 63% of the arrears, the rejection was justified. The respondent supported the decision of the learned Judge to dismiss the writ petition.

The Court examined Section 6 of the Act, which mandates the payment of 90% of the arrears along with the application. The Court noted that the appellant's father had only paid 63% of the arrears, failing to comply with the statutory requirement. The Court held that this non-compliance could not be considered a mere defect or omission under the rules. The Court concluded that the rejection of the application by the first respondent was valid under Section 6(3) of the Act. The Court upheld the decision of the learned Judge to dismiss the writ petition, finding no error in the reasoning. Consequently, the writ appeal was dismissed, and no costs were awarded in the case.