2010 (6) TMI 718 - HC - VAT and Sales Tax

Principles of natural justice - Held that - Natural justice is the essence of fair adjudication deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principles of natural justice is the prevention of miscarriage of justice. In the light of the said circumstances the impugned order passed by the first respondent and confirmed by the orders of the second and third respondents is set aside and the matter is remitted to the first respondent to consider the request of the petitioner seeking form XVII under TNGST Act and pass fresh order after considering all objections to be submitted by the petitioner after issuance of notice. With the above direction the writ petition is disposed of

Summary

Issues:
Quashing of orders regarding rejection of form XVII declaration under Tamil Nadu General Sales Tax Act, 1959 based on past conduct without following principles of natural justice.

Analysis:
The petitioner sought to quash the order rejecting the issuance of form XVII under the Tamil Nadu General Sales Tax Act, 1959. The rejection was based on the petitioner's alleged past misuse of the form for purchasing egg trays. The petitioner argued that there was no prohibition on issuing form XVII and that penal provisions could be invoked if the form was misused. The respondents contended that under section 3(3) of the Act, the first respondent had the discretion to deny form XVII.

The main contention was that the rejection of form XVII by the first respondent without providing notice to the petitioner and without following principles of natural justice was against the petitioner's civil rights. The petitioner argued that the reliance on past conduct without giving an opportunity to be heard violated the principles of natural justice. The Supreme Court's decision emphasized the importance of natural justice in administrative actions with civil consequences.

The judgment highlighted the significance of natural justice in quasi-judicial proceedings and administrative actions affecting civil rights. It stressed the audi alteram partem rule, stating that no one should be condemned unheard, and notice is a fundamental principle of natural justice. The judgment discussed the evolution of natural justice principles and their application in ensuring fair adjudication.

In light of the principles of natural justice and the violation thereof in the impugned order, the High Court set aside the orders rejecting the form XVII and remitted the matter to the first respondent for reconsideration. The court directed the first respondent to consider the petitioner's request for form XVII, provide notice, and allow the petitioner to submit objections before passing a fresh order.

The judgment concluded by disposing of the writ petition without imposing any costs, emphasizing the importance of upholding natural justice principles to prevent miscarriage of justice in administrative actions affecting civil rights.