2009 (7) TMI 1197 - HC - VAT and Sales Tax

Natural justice - refund claim - The allegation of the petitioner, at a very threshold, is failure of the Commissioner-first respondent to respond to the petitioner s legal notices - Held that - The failure to respond to the petitioner s request is a serious matter, since it is the duty of the Commissioner to be proactive and answer all reasonable requests made to him - The failure to respond to the petitioner s request is a serious matter, since it is the duty of the Commissioner to be proactive and answer all reasonable requests made to him - petition allowed - decided in favor of petitioner.

Summary

Issues:
1. Failure of the Commissioner to respond to legal notices for refund of penalty.
2. Allegation of dereliction of duties by the Commissioner.
3. Petitioner's entitlement to refund and costs.
4. Permissibility of the writ petition.

Analysis:
1. The petitioner, a firm with a manufacturing unit in Nagaland and a branch office in Bangalore, sought a refund of Rs. 2,18,150, which was levied as a penalty by a check-post officer during the transfer of goods. Despite legal notices requesting the refund, the Commissioner failed to respond, prompting the petitioner to file a petition for a mandamus to refund the amount with interest promptly.

2. The Court noted that the Commissioner's failure to respond to the petitioner's legal notices was a serious matter, emphasizing the duty of the Commissioner to address reasonable requests from taxpayers. The Commissioner's actions, or lack thereof, were considered as indicative of the nature of business conducted by the Commissioner of Commercial Taxes, highlighting the importance of responsiveness and proactive engagement with taxpayers.

3. While acknowledging that a writ petition may not be permissible under the Act due to the authorities being required to act in accordance with the law, the Court found in favor of the petitioner in part. A direction was issued to the first respondent to either comply with the order of the Joint Commissioner and refund the amount promptly or take permissible action in accordance with the law. Additionally, costs of Rs. 5,000 were imposed on the Department, to be recovered from the salary of the first respondent.

4. The judgment concluded by allowing the writ petition in part, recognizing the petitioner's entitlement to costs and the directive issued to the first respondent. The decision highlighted the importance of timely and appropriate responses from tax authorities to taxpayer requests and legal notices, ensuring procedural fairness and adherence to legal obligations in tax matters.