1969 (9) TMI 99 - HC - VAT and Sales Tax

Sales Tax Tribunal lacks jurisdiction to dismiss appeals for default under AP Sales Tax Act. Regulation 9 deemed ultra vires.

The court held that the Sales Tax Appellate Tribunal lacked jurisdiction to dismiss appeals for default under the Andhra Pradesh General Sales Tax Act, ... - Issues Involved:1. Jurisdiction of the Sales Tax Appellate Tribunal to dismiss an appeal for default.2. Validity of Regulation 9 of the Andhra Pradesh General Sales Tax Appellate Tribunal Regulations, 1957.3. Interpretation of Section 21(4) of the Andhra Pradesh General Sales Tax Act, 1957.4. Comparison with similar statutes and judicial precedents.Issue-Wise Detailed Analysis:1. Jurisdiction of the Sales Tax Appellate Tribunal to dismiss an appeal for default:The primary question was whether the Sales Tax Appellate Tribunal had the jurisdiction to dismiss an appeal for default when the appellant or their counsel failed to appear. The court found that Section 21(4) of the Andhra Pradesh General Sales Tax Act, 1957, did not empower the Tribunal to dismiss an appeal for default. The Tribunal is enjoined to dispose of the appeal on merits, irrespective of the appellant's presence.2. Validity of Regulation 9 of the Andhra Pradesh General Sales Tax Appellate Tribunal Regulations, 1957:Regulation 9 of the Tribunal's regulations, which allowed the dismissal of an appeal for default, was challenged. The court held that any regulation framed under the Act must be consistent with the Act itself. Since Section 21(4) did not authorize the dismissal of appeals for default, Regulation 9 was deemed ultra vires and inconsistent with the Act. Consequently, Regulation 9 was struck down as it contravened the statutory provisions.3. Interpretation of Section 21(4) of the Andhra Pradesh General Sales Tax Act, 1957:The court interpreted Section 21(4) to mean that the Tribunal must dispose of appeals on their merits. The Tribunal's powers include confirming, reducing, enhancing, or annulling assessments or penalties, and directing fresh assessments. The power to 'pass such other orders as it may think fit' in sub-clause (iii) was interpreted ejusdem generis with the other sub-clauses, meaning it should also relate to the merits of the assessment. The court emphasized that the Tribunal's duty to safeguard public revenue necessitates a merits-based decision, even in the absence of the appellant.4. Comparison with similar statutes and judicial precedents:The court referenced similar provisions and judicial interpretations from other statutes, such as the U.P. Sales Tax Act and the Income-tax Act. It cited the Supreme Court's decision in Commissioner of Income-tax, Madras v. Chenniappa Mudaliar, which held that appellate tribunals must dispose of appeals on merits and cannot dismiss them for default. The court also discussed the Allahabad High Court's decision in Hindustan Metal Works v. Sales Tax Officer, which supported the view that appeals should be decided on merits to protect public revenue interests.Conclusion:The court concluded that the Sales Tax Appellate Tribunal under the Andhra Pradesh General Sales Tax Act, 1957, does not have the jurisdiction to dismiss an appeal for default. Regulation 9 of the Tribunal's regulations was found to be ultra vires and inconsistent with Section 21(4) of the Act. The Tribunal is required to dispose of appeals on merits, ensuring that public revenue is safeguarded. The orders of the Tribunal dismissing the appeal for default were quashed, and the Tribunal was directed to decide the appeal on merits. The writ petition was allowed with costs.