1999 (12) TMI 847 - AT - VAT and Sales Tax

Summary

Issues:
Challenge to appellate and revisional orders in context of assessment orders, entitlement to tax exemption under section 4-AA of the 1954 Act and rule 3(66a) of the 1941 Rules, non-payment of admitted tax leading to rejection of appeals, legality of rejecting appeal on grounds of non-payment of admitted tax.

Analysis:
The case involved challenges against appellate and revisional orders related to assessment orders. The applicant, a manufacturer of carbon paper, claimed exemption under section 4-AA of the 1954 Act and rule 3(66a) of the 1941 Rules. The rejection of his plea for eligibility certificate (EC) led to tax assessment for specific periods. The applicant's appeals against these assessments were rejected due to non-payment of admitted tax, which was disputed by the applicant's counsel.

The applicant maintained that he was entitled to tax exemption and argued that since the tax exemption issue was sub judice, the rejection of appeals based on non-payment of admitted tax was unjustified. The State Representative contended that the applicant's repeated denial of tax liability, despite adverse decisions by competent forums, warranted the application of the first proviso to section 12(1) of the 1954 Act.

The Tribunal found that the applicant, aware of the adverse decision regarding tax exemption, had an obligation to pay the admitted tax on sales. The dismissal of the S.L.P. by the Supreme Court upheld the rejection of the applicant's tax exemption claim. The Tribunal emphasized the applicant's failure to pay the admitted tax within the allowed time, leading to the dismissal of the appeal-application for non-compliance with the law.

The Tribunal concluded that the rejection of the appeal-application for non-payment of admitted tax was justified, as compliance with tax payment was a prerequisite for hearing appeals on merit. The previous remand by the Board did not alter this legal requirement. Consequently, the Tribunal dismissed the applications under the West Bengal Taxation Tribunal Act, 1987, without costs.

In summary, the judgment upheld the rejection of appeals due to non-payment of admitted tax, emphasizing the applicant's obligation to pay taxes on admitted sales despite ongoing disputes regarding tax exemption. The dismissal of the S.L.P. by the Supreme Court confirmed the applicant's tax liability, and failure to pay the admitted tax within the specified period led to the dismissal of the appeal-application for non-compliance with legal provisions.