2012 (10) TMI 1251 - HC - VAT and Sales Tax

Summary

Issues involved: Consideration of objections filed by the petitioner u/s D3 proposals for assessment years 2002-03 and 2003-04, influence of adverse directions from higher authority on decision making process.

Consideration of objections for assessment years 2002-03 and 2003-04:
The petitioner filed objections to notices issued by the first respondent for the assessment years 2002-03 and 2003-04. The second respondent issued directions instructing the Assessing Officer to implement the D3 proposals for both years. The petitioner requested the first respondent to consider their objections independently without being influenced by the second respondent's directions. The Court directed the first respondent to consider the objections and pass appropriate orders without being influenced by any adverse remarks from the second respondent, ensuring a fair decision-making process.

Influence of adverse directions on decision making process:
The Government Advocate (Taxes) argued that the directions from the second respondent did not contain any adverse remarks that would unduly influence the first respondent's decision-making process regarding the D3 proposals. The Court found it appropriate to direct the first respondent to consider the objections without being influenced by any alleged adverse remarks from the second respondent, ensuring a fair and impartial decision-making process. The first respondent was also instructed to pass orders in accordance with the Court's previous order and provide the petitioner with a personal hearing opportunity.

Conclusion:
The Court disposed of the Writ Petitions accordingly, with connected miscellaneous petitions closed and no costs imposed. The judgment emphasized the importance of fair consideration of objections and independent decision-making processes in tax assessment matters, ensuring justice and procedural fairness for all parties involved.