2016 (12) TMI 188 - HC - VAT and Sales Tax

Recovery of tax dues from the debtors - Remittance by the debtors of the petitioner company of the moneys owed to the petitioner company - Section 45(1) of the KVAT Act, 2003 - Held that - Though such a prayer is opposed by the learned counsel for the Revenue, this Court considers it expedient to grant some breathing time to the petitioner-company to approach the Hon ble Supreme Court in pending Civil Appeal No.8505/2011 for the purpose of obtaining the interim relief, if any, in the present case Writ petitions are disposed of with a direction to the petitioner-company to deposit a further sum of ₹ 10 Lakhs within a period of four weeks from today with the first respondent-authority, as undertaken by the petitioner subject to the final decision of the matter by the Hon ble Supreme Court with a liberty to the petitioner to approach the Hon ble Supreme Court for seeking the aforesaid interim relief as prayed for.

Summary

Issues:
1. Taxability of freight charges as pre-sale expenses.
2. Issuance of notices under Section 45(1) of the KVAT Act, 2003.
3. Granting interim relief pending Civil Appeal before the Hon'ble Supreme Court.

Analysis:
1. The judgment addresses the issue of taxability of freight charges as pre-sale expenses incurred by the assessee. The petitioner had previously lost a case related to this issue in a judgment dated 08.01.2010. The Deputy Commissioner of Commercial Taxes issued notices under Section 45(1) of the KVAT Act, 2003, to the debtors of the petitioner company to remit the disputed amount. The petitioner sought a breathing time of four weeks to approach the Hon'ble Supreme Court for interim relief, subject to depositing an additional sum of &8377; 10 Lakhs. The Court allowed the petitioner to deposit the sum and approach the Supreme Court for interim relief, with a directive to refrain from coercive recovery actions during this period.

2. The issuance of notices under Section 45(1) of the KVAT Act, 2003, by the Deputy Commissioner of Commercial Taxes was challenged by the petitioner. Despite opposition from the Revenue, the Court granted the petitioner time to seek interim relief from the Hon'ble Supreme Court in a pending Civil Appeal. The judgment emphasized the importance of allowing the petitioner to approach the higher court for relief, indicating a fair consideration of the petitioner's request for a breathing period to address the pending legal matters.

3. The Court's decision to grant the petitioner time to seek interim relief in the pending Civil Appeal before the Hon'ble Supreme Court showcases a balanced approach to the legal proceedings. By directing the petitioner to deposit an additional sum and allowing time for approaching the higher court, the judgment ensures a fair opportunity for the petitioner to address the disputed demand while safeguarding against coercive recovery actions during the specified period. The judgment reflects a procedural fairness and consideration for the petitioner's legal rights in the ongoing tax dispute.