TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court denies permanent injunction in sales tax arrears case; statutory charge prevails</h1> <h3>State of Tamil Nadu and another Versus M. Cauvery Ammal</h3> State of Tamil Nadu and another Versus M. Cauvery Ammal - [2004] 134 STC 562 (Mad) Issues Involved:1. Entitlement to the relief of permanent injunction.2. Legality of the attachment made by the defendants.3. Existence of a statutory charge over the properties for the sales tax arrears of Malayan Chettiar.4. Appropriate relief.Detailed Analysis:1. Entitlement to the Relief of Permanent Injunction:The plaintiff sought a permanent injunction to prevent the attachment and sale of the suit properties for the sales tax arrears of Malayan Chettiar. The plaintiff claimed ownership of the properties through a registered sale deed dated March 1, 1973, and asserted possession and enjoyment of the properties, including paying municipal taxes. However, the court determined that the plaintiff's status as a bona fide purchaser for value without notice was irrelevant due to the statutory charge created over the properties for the sales tax arrears. The court concluded that the plaintiff was not entitled to the relief of permanent injunction.2. Legality of the Attachment Made by the Defendants:The defendants argued that the attachment was lawful because the properties were subject to a statutory charge for the unpaid sales tax of Malayan Chettiar, who was assessed for sales tax from 1957-58 to 1963. The court found that the final assessment order was made on May 26, 1962, and the property was subsequently conveyed by Malayan Chettiar on August 31, 1962. Thus, the attachment was deemed legal, as the statutory charge over the property existed prior to its transfer.3. Existence of a Statutory Charge Over the Properties:The court examined Section 24(2) of the Tamil Nadu General Sales Tax Act, 1959, which states that any tax assessed or payable by a dealer shall have priority over all other claims against the property of the dealer. The court concluded that a statutory charge was created over the properties for the sales tax arrears of Malayan Chettiar, and this charge had priority over subsequent transfers. The court referenced several cases, including Balkishen Goenka v. Special Assistant Commercial Tax Officer for Sales Tax Collection and Deputy Commercial Tax Officer v. Asha Kumari, to support the finding that the statutory charge could be enforced against the properties in the hands of the transferee.4. Appropriate Relief:The court determined that the plaintiff was not entitled to any relief, as the statutory charge for the sales tax arrears of Malayan Chettiar was valid and enforceable. The lower appellate court's decision to decree the suit in favor of the plaintiff was found to be erroneous and was set aside. The trial court's decision to dismiss the suit was upheld, and the second appeal was allowed, dismissing the plaintiff's suit. The court noted that the plaintiff's only recourse was to approach the sales tax authorities to ascertain the correct amount payable.Conclusion:The second appeal was allowed, the judgment and decree of the lower appellate court were set aside, and the suit was dismissed. The attachment of the properties for the sales tax arrears of Malayan Chettiar was upheld as lawful due to the statutory charge created under Section 24(2) of the Tamil Nadu General Sales Tax Act, 1959. There was no order as to costs.
TaxTMI 
TaxTMI 
