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1986 (3) TMI 317 - HC - VAT and Sales Tax
Issues:
Ex parte assessment order under section 10(4) of the Rajasthan Sales Tax Act, appeal filed without certified copy of the order, dismissal of appeal by Deputy Commissioner (Appeals), transfer of revision to Sales Tax Tribunal, dismissal of appeal by Single Member of the Tribunal, interpretation of rule 33 of the Rajasthan Sales Tax Rules. Analysis: The judgment of the High Court of Rajasthan pertains to a revision petition under section 15 of the Rajasthan Sales Tax Act, concerning an ex parte assessment order passed by the Assistant Commercial Taxes Officer. The appeal against this order was filed without the required certified copy of the order, leading to its dismissal by the Deputy Commissioner (Appeals) without affording the dealer-assessee an opportunity to rectify the deficiency as per rule 33 of the Rajasthan Sales Tax Rules. The revision was then transferred to the Sales Tax Tribunal, where the Single Member upheld the dismissal of the appeal based on the lack of a certified copy. Upon review, the High Court found that the failure to submit a certified copy of the order was not raised as an objection during the registration of the appeal, and a hearing date was even fixed, indicating procedural regularity. The Court emphasized that the photostat copy of the original order was indeed filed with the appeal, and the dismissal solely on the grounds of lack of certification was deemed unjust. Consequently, the High Court set aside the Tribunal's order and directed the Sales Tax Tribunal to reconsider the appeal, ensuring a fair hearing and compliance with the law. In conclusion, the High Court allowed the revision, overturned the Tribunal's decision, and remanded the case for a fresh consideration by the Sales Tax Tribunal. The judgment highlights the importance of procedural fairness and adherence to statutory requirements, emphasizing the need for a thorough review of all relevant facts and legal provisions before dismissing an appeal solely on technical grounds.
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