2020 (6) TMI 390 - HC - VAT and Sales Tax

Court sets aside hasty Assessment Orders under Telangana VAT Act, emphasizes natural justice principles.

M/s. Hotel Nikhil Sai International Bar and Restaurant Versus Assistant Commissioner ST Audit and Another

The court set aside the Assessment Orders challenged by a registered dealer under the Telangana VAT Act, finding they were issued hastily, violating ... Taxability - sale of loose liquor - case of petitioner is that though the petitioner is also selling alcohol (in loose form), petitioner is not liable to pay VAT as the liability was already discharged at the time of the first sale by the Telangana Beverages Corporation Limited and the sale of loose liquor is not taxable as per Explanation III to Section 2 (38) of the Act - opportunity of hearing not provided - principles of natural justice - Lockdown due to COVID pandemic situation - HELD THAT:- The petitioner had made a request in his letter dt.26.03.2020 which was acknowledged by the 1st respondent on 27.03.2020 that the petitioner was disabled from furnishing readily all the documents in support of the petitioner’s contentions in view of the lockdown situation prevailing in the State and in the country on account of outbreak of COVID-19 and if the 1st respondent were to grant time till the lockdown restrictions for movement were relaxed, the petitioner would furnish the same. The petitioner also requested in the said letter dt.26.03.2020 for an opportunity of personal hearing - The existence of the lockdown prohibiting movement of people on roads on account of outbreak of COVID-19 is an admitted fact. In these circumstances, the 1st respondent cannot reasonably expect the petitioner to furnish all the requisite documents for the petitioner to defend itself, that too for a period of (5) years within the (1) week time granted by the 1st respondent. There has been a gross violation of principles of natural justice and fair opportunity was denied to the petitioner by the 1st respondent to defend itself - notwithstanding the existence of an effective alternative remedy by way of an Appeal under Section 31 of the Act, these Writ Petitions is entertained on the ground that there has been a violation of principles of natural justice vitiating the impugned assessment orders. Matters remitted to the 1st respondent to pass fresh Assessment Orders for each of the Assessment Years in question, after affording reasonable time to the petitioner to submit all the documents and also after affording a personal hearing to the petitioner to put forth its objections before the 1st respondent - petition allowed by way of remand. Issues:Assessment Orders validity and VAT liability determination.Analysis:The petitioner, a registered dealer under the Telangana VAT Act, challenged Assessment Orders for various years, disputing VAT liability on the sale of alcohol. The petitioner argued that VAT was already paid by the Telangana Beverages Corporation Limited on the first sale of alcohol and that loose liquor sales were not taxable. The petitioner contended that VAT should only apply to food sales turnover exceeding a certain threshold, not on alcohol turnover. The petitioner requested time to provide evidence due to COVID-19 lockdown restrictions but Assessment Orders were issued hastily, violating principles of natural justice.The petitioner claimed a violation of natural justice principles as the 1st respondent disregarded requests for a personal hearing and issued Assessment Orders prematurely. The petitioner emphasized the need for a fair opportunity to defend against VAT levies on loose liquor sales. Citing a previous court decision, the petitioner argued that the Assessment Orders were rushed and unsustainable due to insufficient time to respond to show-cause notices. The petitioner sought to set aside the Assessment Orders and remand the matters for a fair assessment process.The court acknowledged the delayed receipt of show-cause notices and the petitioner's request for additional time and a personal hearing due to COVID-19 lockdown restrictions. The court found that the Assessment Orders were passed hastily, denying the petitioner a fair opportunity to defend against VAT levies. Despite an alternative appeal process, the court entertained the Writ Petitions due to the violation of natural justice principles. Consequently, the court set aside the Assessment Orders and remanded the matters to the 1st respondent for fresh assessment, granting the petitioner reasonable time to submit documents and present objections.In conclusion, the court allowed the Writ Petitions, emphasizing the importance of upholding principles of natural justice in tax assessments. The court directed the 1st respondent to conduct a fair assessment process within two months, ensuring the petitioner's right to defend against VAT levies on alcohol sales. No costs were awarded, and any related pending petitions were closed as a result of the judgment.