2013 (5) TMI 595 - HC - VAT and Sales Tax

Authority to Review Petitioner's Representation on Recovery Notice under Section 18

The court directed the authority to decide the petitioner's representation against the recovery notice, considering the representation and Section 18 of ... Writ petition - Assessment order - assessment orders were ex parte order and they created a huge amount of tax liability on the Company – Issuance of recovery certificate by department – Assessee appeal challenging the said certificate. Held that:- As petitioner has already filed a representation before Respondent no. 2 against the recovery notice, a copy of which has been filed to the writ petition, Respondent no. 2 is directed to decide the representation of the petitioner on merits in accordance with law. While deciding the representation, he will also take into consideration the effect of section 18 of the Central Sales Tax Act. The petitioner is directed to appear before the authority concerned along with a copy of the said representation and a certified copy of this judgement, within three weeks. The petitioner may also file supplementary objection, if any, with regard to section 18 of the Act within the aforesaid period of three weeks. The recovery against the petitioner shall not take place for a period of three months. Accordingly writ petition is dismissed. Issues:Challenging recovery certificates issued against a company, liability of directors for tax dues, recovery from personal assets of directors, applicability of Section 18 of Central Sales Tax Act.Analysis:The case involves a writ petition filed on behalf of an Additional Director of a company against recovery certificates issued by the Trade Tax Department for substantial tax liabilities. The petitioner claimed that the tax dues against the company should not be recovered from his personal assets. The respondent argued that the dues could be recovered from the directors, citing legal precedents. The court examined the contentions and relevant laws.The respondent contended that the petitioner, as an Additional Director, cannot be absolved from the liability to pay the dues created during his tenure. Reference was made to legal decisions supporting the recovery against directors. The Sales Tax Department was pressing for recovery against all directors of the company. The court considered these arguments and the legal basis for recovering dues from directors.The petitioner argued that, based on a previous court decision, the outstanding dues of a company cannot be recovered from the personal assets of a director. The respondent, however, referred to another legal precedent to support the recovery from the petitioner as a director. Additionally, the liability to pay central sales tax dues was argued to be joint and several under Section 18 of the Central Sales Tax Act.After considering the submissions and perusing the record, the court observed that there was no allegation of fraud against the petitioner or any director. The court distinguished the legal precedent cited by the respondent based on the specific facts of the case. The court directed the authority to decide the petitioner's representation against the recovery notice, considering the representation and Section 18 of the Central Sales Tax Act. The petitioner was given a timeframe to provide evidence and file objections, and recovery against the petitioner was stayed for three months, while recovery against other directors and company assets could proceed.In conclusion, the court disposed of the writ petition with specific directions for the authority to decide the representation and consider the petitioner's objections within the specified timeline, ensuring a fair assessment of the situation and the applicability of relevant laws.