1960 (3) TMI 69 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Whether the sum of Rs. 10,000/- was paid by the plaintiff under a bona fide mistake.
2. Whether the plaintiff was compelled to deposit Rs. 1096.69 nP.
3. Whether the plaintiff is entitled to a refund under the Sales Tax Laws Validation Act, 1956, and Sales Tax Continuance Order, 1950.
4. Whether the suit is barred by limitation.
5. Whether the Court has jurisdiction to entertain the suit.
6. The relief to which the plaintiff is entitled.

Issue-wise Detailed Analysis:

1. Whether the sum of Rs. 10,000/- was paid by the plaintiff under a bona fide mistake:
The plaintiff argued that the payment was made under the belief that it was legally due, influenced by the Supreme Court's decision in the United Motors case. However, the court found that the payment was made voluntarily and not under any mistake of fact or law, as the tax was lawfully imposed at the time of payment.

2. Whether the plaintiff was compelled to deposit Rs. 1096.69 nP:
The court acknowledged that the plaintiff was compelled to deposit Rs. 1096.69 nP to appeal the assessment orders. This payment was made during the pendency of the appeals before the Sales Tax Authorities.

3. Whether the plaintiff is entitled to a refund under the Sales Tax Laws Validation Act, 1956, and Sales Tax Continuance Order, 1950:
The court held that the Sales Tax Validation Act, 1956, validated all taxes levied or collected during the specified period, even if the assessment orders were set aside. The Act deemed all such levies or collections valid, thus the State of Bihar was entitled to retain the money. The court also noted that the liability to pay tax is created by the charging sections of the Bihar Sales Tax Act, and the absence of an assessment order does not negate this statutory liability.

4. Whether the suit is barred by limitation:
The court concluded that the suit was barred by limitation in so far as it related to the recovery of money paid under a mistake. The limitation period commenced from the date of payment. However, the cause of action for refund arising from the setting aside of the assessment orders was not barred by limitation.

5. Whether the Court has jurisdiction to entertain the suit:
The court determined that it had jurisdiction to entertain the suit. The payment by cheque drawn on a bank in Calcutta and the receipt of the order allowing the appeal at Calcutta constituted parts of the cause of action within the jurisdiction of the court.

6. The relief to which the plaintiff is entitled:
The court dismissed the suit, concluding that the plaintiff was not entitled to any refund. The liability to pay tax was established by the charging sections of the Bihar Sales Tax Act, and the payments made were valid under the Sales Tax Validation Act, 1956.

Conclusion:
The court dismissed the suit with costs, certified for two counsel. The plaintiff was not entitled to any refund as the payments made were valid under the relevant tax laws and the Sales Tax Validation Act, 1956. The suit was also partly barred by limitation.