2019 (4) TMI 2100 - HC - VAT and Sales Tax

Waiver of penalty payment of interest and grant of other concessions - report of the Committee constituted to redress grievances pertaining to payment of penalty and interest by various tax payers under the Odisha Entry Tax Act 1999 in sealed cover is produced from the custody - HELD THAT - Pursuant to the Recommendation of the Committee all these matters require consideration. Therefore the matters are admitted. The matters shall be listed on 7th August 2019.

Summary

Issues:
1. Recommendations of the Committee for waiver of penalty, payment of interest, and grant of concessions under the Odisha Entry Tax Act, 1999.
2. Consideration of matters based on the Committee's recommendations.
3. Payment of tax amount and interest by petitioners as directed by the Hon'ble Supreme Court.
4. Listing of matters for further consideration.
5. Provision for petitioners to seek additional time due to financial constraints.
6. Adjustment of tax component already paid from the tax due.
7. Calculation and payment of interest for the period from 2010 to 2017.
8. Procedure for informing and paying the amount deposited by the petitioners.
9. Issuance of an urgent certified copy of the order.

Analysis:

1. The judgment revolves around the recommendations of a Committee regarding waiver of penalty, payment of interest, and grant of concessions under the Odisha Entry Tax Act, 1999. The Committee's guidelines include provisions such as not levying penalty for non-payment without suppression of turnover, imposition of interest as per specified rates, granting additional time for tax discharge, and applicability to parties with stay orders from higher courts.

2. The Court acknowledges the Committee's recommendations and admits that the matters require consideration based on these guidelines. The petitioners are directed to pay the tax amount as per the Supreme Court's directions along with interest by a specified deadline, with the matters scheduled for further listing on a particular date.

3. Petitioners are given the option to request additional time in case of financial constraints for compliance with the payment directions. The judgment also outlines the process for adjusting the tax component already paid and calculating interest on the remaining balance for a specific period.

4. The Court decides that the interest for the period from 2010 to 2017 will be determined at the final hearing stage, emphasizing the importance of timely information exchange between the petitioners and the Revenue counsel regarding the amount deposited and any discrepancies in calculations.

5. Lastly, the judgment concludes by instructing the issuance of an urgent certified copy of the order upon proper application, ensuring prompt dissemination of the decision for necessary actions to be taken by the involved parties.