2008 (9) TMI 545 - SC - VAT and Sales Tax

The High Courts should not interfere in matters at the show-cause notice stage and they ought to have directed the assessee to reply to the show-cause notice and exhaust the statutory remedy under the Act which they have not done till date. Grant liberty to the Department to amend the show-cause notices and take up additional grounds if so advised within a period of eight weeks from today. They will accordingly give an opportunity to the assessees to reply to the amended show-cause notice as well as the original show-cause notice within a period of six weeks from the date of the assessees receiving the amended show-cause notice.

Summary

Issues: Interference by High Courts at show-cause notice stage

The Supreme Court addressed the issue of interference by High Courts at the show-cause notice stage. The appellants had not replied to the show-cause notices and instead filed original petitions before the Tamil Nadu Taxation Special Tribunal, which ruled against them. Subsequently, the assessees filed writ petitions in the High Court of Madras. The Supreme Court emphasized that the assessees should have replied to the show-cause notices before seeking judicial intervention. The Court held that the Special Tribunal and High Court should not have interfered without directing the assessees to exhaust their statutory remedy under the Act by replying to the show-cause notices. The Court granted liberty to the Department to amend the show-cause notices and allowed additional grounds within eight weeks. The assessees were given six weeks to respond to the amended and original show-cause notices. The assessing authority was directed to hear and dispose of the matters promptly, uninfluenced by previous High Court/Tribunal observations.

The Supreme Court emphasized the importance of allowing the statutory remedy process to unfold before seeking judicial intervention. The Court directed the Department to amend show-cause notices and permitted additional grounds to be taken up. The assessees were instructed to respond within a specified timeframe. The assessing authority was mandated to handle the matters expeditiously and independently of earlier court observations. The Court clarified that all contentions from both sides were kept open, refraining from expressing any opinion on the case's merits at that stage. Ultimately, the civil appeals were disposed of without costs, aiming to bring an end to the ongoing controversy while ensuring a fair and thorough examination of the case based on statutory procedures.