2009 (7) TMI 1196 - HC - VAT and Sales Tax

Summary

Issues involved: Challenge to the course and procedure followed by the appellate authority in entertaining the appeal against assessment conducted u/s 17(D); Oppression in satisfying entire tax liability for availing appellate remedy; Validity of stipulation u/s 17D(5); Precedents set by Division Bench and Supreme Court regarding tax liability at the time of filing appeal.

Summary:

The petitioner challenged the course and procedure followed by the appellate authority in entertaining the appeal against the assessment conducted u/s 17(D). The petitioner argued that being compelled to satisfy the entire tax liability to avail of the statutory remedy through appeal rendered the remedy meaningless and oppressive. The petitioner also contested the stipulation u/s 17D(5) as oppressive in nature.

The learned Government Pleader, however, referred to the Division Bench's decision in Viani Papers v. Fast Track Team, where the validity of the provision was upheld. Additionally, the apex court's ruling in Ravi Gupta v. Commissioner of Sales Tax, Delhi, which addressed the liability to pay tax at the time of filing the appeal, was cited as a precedent that bars the petitioner's way.

Given the legal position already established against the petitioner by the Division Bench and the Supreme Court precedents, the court found no grounds for interference. Consequently, the writ petition was dismissed.