2010 (8) TMI 1141 - HC - VAT and Sales Tax

Summary

Issues involved:
The judgment deals with the issue of refund of security money deposited by a petitioner for obtaining road permits under the Jharkhand Value Added Tax Act 2005.

Summary:
The petitioner, who runs a cinema hall, needed to import furniture for use in the cinema hall from outside the State of Jharkhand. The Department required the petitioner to deposit an amount equivalent to the tax as security for obtaining road permits, which was done. Subsequently, the petitioner applied for a refund of the security money deposited.

The Department refused the refund, citing that it is only permissible under specific sections of the Act if more tax than required has been deposited by a 'dealer'. However, the Court found the Department's stand to be misconceived as the deposited amount was security, not tax. The Court directed the Department to re-examine the refund application and issue reasoned orders within two weeks for the refund of the security money.

Additionally, it was noted that the petitioner is not a 'dealer' in respect of the cinema hall but only in a separate establishment, a restaurant. The Court emphasized that notice for assessment cannot be issued without a factual basis, and in this case, there was no evidence to suggest that the imported goods were sold within the State of Jharkhand.

In conclusion, the Court allowed the writ petition, directing the Department to reconsider the refund application and refund the security money within two weeks if there are no reasons for withholding it.