2019 (5) TMI 499 - HC - VAT and Sales Tax

Auction of cars by the bank - whether the disposal at an auction by the bank of cars that have been hypothecated with it and later repossessed on default of repayment of the loan, is a sale ? - HELD THAT - Reliance placed in the case of M/S. CITI BANK VERSUS COMMISSIONER OF SALES TAX 2015 (12) TMI 1040 - DELHI HIGH COURT , where it was held that Sale of the repossessed cars by the Appellant Bank is incidental or ancillary or in connection with the Appellant s business. This Court, prima facie, finds no ground to grant any interim relief as prayed for. However, it is clarified that the payments of the amounts by the Petitioner to the Respondents would be subject to the outcome of the petition. Application disposed off.

Summary

Issues:
1. Interpretation of whether the disposal of hypothecated cars by a bank through auction constitutes a 'sale' under the Delhi Value Added Tax.
2. Request for interim relief by the Petitioner Bank based on previous court decisions.

Analysis:
1. The primary issue in this case revolved around determining whether the act of a bank auctioning off cars that were hypothecated and later repossessed due to loan default qualified as a 'sale' under the Delhi Value Added Tax. The Petitioner Bank sought to distinguish a previous court decision related to the Delhi Sales Tax Act, emphasizing the relevance of the current context. The counsel for the Petitioner referred to a Supreme Court judgment not considered in a subsequent decision, highlighting the need for a fresh interpretation. Despite the arguments presented, the Court noted that the issue had already been addressed in a previous judgment against the Bank. Additionally, the lack of a stay granted by the Supreme Court in an appeal further influenced the Court's decision not to provide interim relief. However, the Court clarified that any payments made by the Petitioner Bank to the Respondents would be subject to the final outcome of the petition.

2. The second aspect of the judgment pertained to the Petitioner Bank's request for interim relief based on the interpretation of relevant legal precedents. The Court, after considering the arguments put forth by the Petitioner's counsel, decided to dispose of the application without granting the requested relief. The decision was influenced by the previous court ruling against the Bank and the absence of a stay order from the Supreme Court. The Court's clarification regarding the payment of amounts by the Petitioner Bank underscored the importance of awaiting the final resolution of the petition before any financial transactions were finalized.