2019 (11) TMI 306 - HC - VAT and Sales Tax

Maintainability of appeal - appeal dismissed on the ground that fresh Form F as directed by the appellate authority could not be produced by the petitioner before the appellate forum - HELD THAT - In view of the orders of the Commercial Taxes Officer of the State of Jharkhand present at Annexure-3 series coupled with the endorsement present in the Form F as manifest from the enclosures to Annexure-3, which confirms the issuing State, a mindless mechanical objection by the appellate authority has led to the present proceeding which as we have observed was completely unwarranted and was avoidable. In view of the order of the taxing authority of the State of Jharkhand at Annexure-3 series whatsoever may have been the doubt in the minds of the statutory authority concerned, should have been laid to rest and there was no occasion for the appellate authority to direct the petitioner to obtain fresh Form F from Commercial Tax Department of the State of Jharkhand knowing fully well that having once issued such form as manifest from Annexure-3 series - Petition allowed.

Summary

Issues:
Challenge to order dismissing appeal due to failure to produce correct 'Form F' before appellate authority.

Analysis:
The petitioner challenged an order passed by the Additional Commissioner of State Tax (Appeal), Central Division, Patna, dismissing the appeal due to the petitioner's inability to produce the correct 'Form F' as directed by the appellate authority. The core issue revolved around the format of 'Form F' issued by the Commercial Taxes Department in the State of Jharkhand, which was deposited by the petitioner to reduce tax liability but mentioned the State of Bihar. The petitioner argued that the form might have been printed when Jharkhand was part of Bihar before the Bihar Re-Organization Act, 2000. Despite clarifications from the Commercial Tax Officer of Koderma Circle, Koderma, and an order confirming the form's issuance related to Jharkhand, the appellate authority maintained the objection, insisting on a fresh 'Form F' from Jharkhand showing it as the issuing State.

The High Court criticized the unwarranted objection raised by the appellate authority, deeming it as causing harassment to the assessee. The court noted that the objection lacked any foundation and was a result of a mindless mechanical approach. Despite previous orders and clarifications, the appellate authority failed to exercise prudence or provide a valid reason for its stance, leading to unnecessary litigation. The court expressed disappointment in the lack of corrective action by the taxing authority and the appellate authority, highlighting the failure to address the petitioner's grievances or provide a counter affidavit.

In light of the clarity provided by the Commercial Taxes Department of Jharkhand regarding the form's issuance, the High Court deemed the objection baseless and unwarranted. Consequently, the court quashed the order dismissing the petitioner's claim based on the 'Form F' issue and remitted the matter back to the Commercial Taxes Officers for a fresh disposal in accordance with the law and with due prudence. The court also considered imposing heavy costs on the department for initiating unnecessary litigation contrary to the state's litigation policy. Ultimately, the writ petition was allowed, directing the authorities to reexamine the matter based on the clarified information regarding the 'Form F' issue.