2016 (5) TMI 772 - HC - VAT and Sales Tax

Seeking de-sealing of premises - sealed under Section 60 of the DVAT Act - Petitioner applied to the DT&T way back on 12/14th March 2016 but no response till date after a reminders - Held that - the continued sealing of the Petitioner s premises is contrary to the legal position explained by the Court in the various orders. Accordingly it is directed that the business premises of the Petitioner shall be de-sealed forthwith and in any event not later than 4 pm on 13th May 2016 in the presence of the authorized representative of the Petitioner. It is pointed out that the printouts of the data from the sole personal computer in the premises have already been taken by the DT&T. The proceedings of the de-sealing shall be drawn up and signed by the representative of the Petitioner as well as the concerned VATO. - Petition disposed of

Issues:
- De-sealing of premises sealed under the DVAT Act
- Delay in response from the Department of Trade & Taxes
- Legal position under Section 60 of the DVAT Act
- Specific orders passed in similar matters
- Directions for de-sealing the business premises
- Pursuance of demand created post-sealing
- Disposal of the petition
- Constitutional validity of certain provisions kept open for consideration

De-sealing of Premises Sealed Under the DVAT Act:
The judgment pertains to a writ petition filed by a dealer registered under the Delhi Value Added Tax Act, 2004, seeking the de-sealing of its premises which were sealed by the Department of Trade & Taxes under Section 60 of the DVAT Act. The petitioner had applied for de-sealing on specific dates and sent reminders, but no response was received. The Court, referencing past orders, emphasized that prolonged sealing beyond necessity prejudices the dealer. Consequently, the Court directed the immediate de-sealing of the petitioner's business premises.

Delay in Response from the Department of Trade & Taxes:
The Court noted the absence of any response from the Department of Trade & Taxes to the petitioner's requests for de-sealing, highlighting the importance of timely action in such matters. The lack of communication and delayed response were considered in the context of the petitioner's rights and the legal position under the DVAT Act.

Legal Position Under Section 60 of the DVAT Act:
Referring to the legal position elucidated in previous judgments, the Court reiterated the principles governing the exercise of powers under Section 60 of the DVAT Act. It emphasized the need for adherence to these principles to prevent undue prejudice to dealers affected by the sealing of their premises.

Specific Orders Passed in Similar Matters:
The judgment cited specific orders issued by the Court in similar cases, directing the de-sealing of business premises. These instances served as precedents to guide the decision in the present case, reinforcing the Court's stance on the duration and necessity of sealing under the DVAT Act.

Directions for De-sealing the Business Premises:
In line with the legal principles and precedents, the Court directed the immediate de-sealing of the petitioner's premises, specifying the location and deadline for the action. It mandated the presence of the petitioner's authorized representative during the de-sealing process and outlined the documentation requirements for the proceedings.

Pursuance of Demand Created Post-Sealing:
The petitioner's counsel acknowledged the demand created following the sealing of the premises and expressed the intention to pursue it in accordance with the law. The Court did not issue further directions in this regard, leaving the matter to be handled as per legal procedures.

Disposal of the Petition:
After addressing the key issues and providing specific directions, the Court disposed of the petition in accordance with the terms outlined in the judgment. The decision to de-seal the premises and the related instructions formed the crux of the resolution of the petition.

Constitutional Validity of Certain Provisions Kept Open for Consideration:
While resolving the immediate matter of de-sealing the premises, the Court kept open the question of the constitutional validity of Section 60(4) of the DVAT Act and certain rules for potential consideration in a suitable case. This decision indicated the Court's willingness to address broader legal issues in future cases.

This comprehensive analysis of the judgment highlights the procedural history, legal principles applied, specific directions given, and the disposition of the petition, providing a detailed overview of the Court's decision in the case.

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