2015 (5) TMI 64 - HC - VAT and Sales Tax

Benefit of amnesty scheme - Held that - AGP has stated at the bar, under instructions from Shri H.R. Varma, Assistant Commissioner Commercial Tax, Unit -15, Ahmedabad, that the application of the petitioner dated 19/06/2012 for availing the benefit of Amnesty Scheme, which was prevailing at the relevant time, shall be considered on merits. It is submitted that within a period of three months, the petitioner shall be communicated and / or informed the tax component for the relevant years for which the demand is raised. - In this view, the impugned order passed by the appropriate authority rejecting the application of the petitioner for availing the benefit of the Amnesty Scheme is hereby quashed and set aside. - Decided in favour of appellant.

Summary

Issues:
Petition under Article 226 for relief against demanding outstanding sales tax, rejection of application under Commercial Tax Settlement Scheme, withholding refunds.

Analysis:

Demand of Outstanding Sales Tax:
The petitioner sought relief against the respondents' action in demanding outstanding sales tax from a company taken over by the petitioner through BIFR. The petitioner argued that the demand was unjust and against the law. The petitioner's advocate contended that the rejection of the application under the Amnesty Scheme solely based on the total demand exceeding a certain amount was arbitrary. The court noted the failure to bifurcate the tax component, interest, and penalty in the demand exceeding Rs. 1 crore. The court quashed the impugned order and directed the authority to consider the application and communicate the bifurcation to the petitioner. The petitioner was allowed to avail the Amnesty Scheme benefits upon payment of the tax component within three months, with no coercive recovery steps until then.

Rejection of Application under Commercial Tax Settlement Scheme:
The petitioner's application under the Commercial Tax Settlement Scheme was rejected due to the total demand exceeding Rs. 1 crore. The petitioner argued that the rejection was illegal and arbitrary. The Assistant Commissioner Commercial Tax assured that the application would be reconsidered on its merits, and the tax component for relevant years would be communicated to the petitioner within three months. The court quashed the rejection order and directed the authority to permit the petitioner to avail the Amnesty Scheme benefits upon payment of the tax component within the specified time frame.

Withholding of Refunds:
The petitioner sought direction for the release of refunds withheld by the respondents. The court ordered the withdrawal of bank attachment and instructed the payment of any withheld refund to the petitioner in accordance with the law. The judgment disposed of the petition, providing relief to the petitioner regarding the rejection of the application under the Amnesty Scheme, the demand for outstanding sales tax, and the withholding of refunds.

This detailed analysis of the judgment from the Gujarat High Court covers the issues raised in the petition and the court's comprehensive decision on each matter, ensuring a thorough understanding of the legal proceedings and outcomes.