1998 (10) TMI 520 - HC - VAT and Sales Tax

Kerala High Court Upholds Remittance Decision for Partner's Retirement Claim

The Kerala High Court dismissed all three revision petitions, upholding the decision to remit the case back to the assessing officer for a detailed ... - Issues:Revision petitions involving a common controversy regarding the liability to pay sales tax for the assessment years 1985-86, 1986-87, and 1987-88 based on the retirement of a partner from a firm.Analysis:The revision petitions before the Kerala High Court involved a dispute regarding the liability of a partner who claimed to have retired from a firm for the assessment years 1985-86, 1986-87, and 1987-88. The respondent partner produced a release deed before the Sales Tax Appellate Tribunal to support his claim of retirement from the firm with effect from April 1, 1985. The department contended that the respondent did not provide the requisite 30 days' notice before retirement, arguing that his plea of retirement should not be accepted. The respondent, on the other hand, argued that the notice requirement was directory, not mandatory.The Appellate Tribunal, considering the release deed and the lack of notice served on the respondent, remitted the case back to the assessing officer. The Tribunal highlighted that the respondent did not have an opportunity to explain his case before the authorities below, emphasizing the need for a proper assessment of whether the respondent had indeed retired from the firm. The Tribunal did not provide a final finding but left it to the assessing officer to determine the liability of the respondent post his retirement from the firm on April 1, 1985.The High Court, in its judgment, observed that since the matter was left open for the assessing officer to decide whether the respondent retired from the firm and the subsequent liability, there was no need for a decision by the Court. The Court found no illegality in remitting the case to the assessing officer for a thorough evaluation of the retirement claim and its implications on the tax liability. Consequently, all three revision petitions were dismissed, allowing the assessing officer to delve into the merits of the retirement claim and its impact on the tax assessment.In conclusion, the Kerala High Court upheld the decision to remit the case back to the assessing officer for a detailed examination of the partner's retirement claim and its consequences on the tax liability for the relevant assessment years. The Court emphasized the importance of a proper assessment based on the evidence presented, leaving the final determination to the assessing authority.