1970 (12) TMI 69 - HC - VAT and Sales Tax

Summary

Issues:
Jurisdiction of Magistrate to issue warrants for recovery of tax under Mysore Sales Tax Act, 1957 and Code of Criminal Procedure, Recovery limits under section 32 of the Code of Criminal Procedure for Magistrates designated under section 13(3)(b) of the Act.

Analysis:
The petitioner-firm, an assessee under the Mysore Sales Tax Act, 1957, was assessed to tax for the years 1963-64 and 1964-65. The Commercial Tax Officer filed recovery petitions before the Magistrate for the unpaid tax. The petitioner challenged these recovery proceedings, arguing that the Magistrate lacked jurisdiction to issue warrants under section 386 of the Code of Criminal Procedure and was limited to recovering amounts under Rs. 2,000 as per section 32 of the Code of Criminal Procedure.

To understand the contentions, the court examined the provisions of section 13(3) of the Act and section 386 of the Code of Criminal Procedure. Section 13(3) provides dual remedies for recovery of dues, allowing recovery as arrears of land revenue or by application to any Magistrate to recover the amount as if it were a fine imposed by him. Despite the lack of specific machinery for recovery by the Magistrate, the court found sufficient indication in section 13(3)(b) of the Act.

The court emphasized that the Magistrate, acting under section 13(3)(b) of the Act, is a persona designata and not an inferior criminal court. Referring to a previous decision, the court clarified that the Magistrate's authority to recover tax arises from the Act and not the Code of Criminal Procedure, treating the Magistrate as designated to recover the amount.

Regarding the recovery limits, the court held that the Magistrate designated under section 13(3)(b) of the Act cannot recover amounts exceeding the limits prescribed under section 32 of the Code of Criminal Procedure. The court noted that the Magistrate's power to recover a fine is circumscribed by the limits of the power to impose a fine, as specified in the Code.

In conclusion, the court allowed the petitions, quashing the recovery warrants issued by the Magistrate for exceeding his jurisdictional limits. No costs were awarded in the matter. The judgment clarified the jurisdiction and recovery limits of a Magistrate designated under the Mysore Sales Tax Act, 1957, and the Code of Criminal Procedure.