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of <h1>Court Partially Grants Revision Petitions, Sets Aside Permanent Injunction</h1> <h3>Commercial Tax Officer, Benz Circle, Vijayawada and others Versus RM. Motors (P) Ltd. (and other cases)</h3> Commercial Tax Officer, Benz Circle, Vijayawada and others Versus RM. Motors (P) Ltd. (and other cases) - [2007] 5 VST 459 (AP) Issues Involved:1. Jurisdiction of the Civil Court under Section 36 of the Andhra Pradesh General Sales Tax Act, 1957.2. Legality of seizure of account books, records, and files by the Commercial Tax Department.3. Maintainability of the suit for mandatory and permanent injunctions against the Commercial Tax Department.Issue-Wise Detailed Analysis:1. Jurisdiction of the Civil Court under Section 36 of the Andhra Pradesh General Sales Tax Act, 1957:The core issue was whether the civil court had jurisdiction to entertain the suits in view of Section 36 of the Act, which bars civil courts from entertaining suits related to assessments, orders, or decisions made under the Act. The court referenced the Supreme Court's principles in Dhulabhai v. State of Madhya Pradesh, which outline conditions under which civil court jurisdiction can be excluded. The Act is a self-contained code with provisions for appeals and revisions, suggesting that disputes should be resolved within the framework provided by the Act. However, the court acknowledged that civil courts could interfere if statutory authorities acted in violation of fundamental judicial principles or statutory procedures.2. Legality of Seizure of Account Books, Records, and Files:The plaintiff alleged that the Commercial Tax Department seized their documents without issuing receipts or following due procedure under Section 28 of the Act and Rule 49 of the Rules, which mandate recording reasons for seizure and issuing receipts. The court recognized that if these procedures were not followed, the seizure would be illegal and outside the scope of the Act. The court emphasized that such allegations of procedural violations are questions of fact that need to be examined through evidence, thus justifying the civil court's jurisdiction in this matter.3. Maintainability of the Suit for Mandatory and Permanent Injunctions:The plaintiff sought a mandatory injunction for the return of seized documents and a permanent injunction to restrain the defendants from taking any action until the documents were returned. The court found the first relief (mandatory injunction) maintainable as it pertained to the alleged illegal seizure of documents, which is a factual dispute requiring judicial examination. However, the second relief (permanent injunction) was deemed unmaintainable. The court reasoned that granting such an injunction would interfere with the statutory functions of the tax authorities and could lead to abuse by unscrupulous dealers to stall tax proceedings. The court highlighted that the plaintiff could seek redress through the appellate and revisional mechanisms provided under the Act.Conclusion:The court partially allowed the revision petitions. It set aside the lower court's order regarding the second relief (permanent injunction) but upheld the order concerning the first relief (mandatory injunction). The lower court was directed to dispose of the suits within four months from the date of filing of the written statement. The plaintiff was granted five weeks to respond to the show cause notice issued by the tax authorities.
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