2017 (7) TMI 928 - HC - VAT and Sales Tax

Attachment of the petitioner s stock of footwear - validity of the action of the State authority in attaching the petitioner s accounts - Held that - we may continue the attachment but would permit the petitioner to rotate the stock. This on one hand would safeguard the interest of the revenue and at the same time would enable the petitioner to sell the product without the possibility of the market value of the footwear diminishing due to passage of time. Insofar as the attachment of accounts and other documents is concerned, the authorities have not demonstrated any reason for exercising powers under subsection (4) of Section 67 nor any reasons have been recorded before exercising such powers. The powers being drastic, the authorities must demonstrate satisfaction of pre conditions before exercise of such powers. However, we would permit the department to retain xerox copies duly authenticated of the documents already seized before returning them to the petitioner. Petition allowed - decided partly in favor of petitioner.

Summary

Issues:
Challenge to provisional attachment order of stock and accounts by Commercial Tax Officer.

Analysis:
The petitioner, a private limited company engaged in selling plastic footwear, challenged the provisional attachment order dated 16.06.2017 by the Commercial Tax Officer. The petitioner contended that the footwear, made of 'Polyurethane', should be classified as plastic footwear attracting a 5% tax rate. However, the State authorities believed otherwise, asserting that the footwear did not qualify as plastic footwear and should be taxed at 15%. Consequently, the authorities raided the petitioner's establishments and attached the stock of footwear worth around ?1.50 crores, along with seizing the petitioner's accounts.

The petitioner argued that the authorities acted prematurely by attaching the stock before completing the assessment. The petitioner emphasized the fast-paced nature of the footwear business, where stock turnover is rapid, and delaying sales could lead to a loss in market value. Additionally, the petitioner contended that the authorities lacked the power to seize accounts without alleging tax evasion, which was not the case here but rather a genuine dispute over classification.

On the other hand, the Assistant Government Pleader defended the attachment, asserting that the footwear did not qualify as plastic and should be taxed at a higher rate under the residuary clause. The Assistant Commissioner justified the attachment as necessary to protect revenue interests, considering the potential tax, interest, and penalty liabilities involved.

The High Court modified the attachment order, allowing the petitioner to clear the stock while maintaining a minimum value of ?1.50 crores at all times. This decision aimed to balance revenue protection and the petitioner's ability to sell the goods promptly. Regarding the attachment of accounts, the Court found the authorities had not provided valid reasons for exercising such powers under Section 67. As a result, the Court directed the return of seized accounts and documents by a specified date, permitting the authorities to retain authenticated copies before returning them to the petitioner.

In conclusion, the petition was disposed of with specific directions for the partial modification of the stock attachment order and the return of seized accounts, emphasizing the need for authorities to justify drastic actions like account seizures with valid reasons.