2023 (4) TMI 823 - HC - VAT and Sales Tax

Court rules in favor of purchaser in security bond dispute, finding no liability for sales tax arrears.

M. Karpagam Versus The Assistant Commissioner of Commercial Taxes Gandhipuram Circle, Coimbatore, The Sub Registrar of Assurances Vadavalli Coimbatore

M. Karpagam Versus The Assistant Commissioner of Commercial Taxes Gandhipuram Circle, Coimbatore, The Sub Registrar of Assurances Vadavalli Coimbatore - ... Issues Involved:1. Validity of the security bond executed by the vendor.2. Whether the petitioner, a bona fide purchaser, is liable for the sales tax arrears.3. Legality of the encumbrance created by the respondents on the property.Summary:1. Validity of the Security Bond Executed by the Vendor:The petitioner argued that the Form 19 B signed by the vendor, Kanthimathi, was a personal undertaking and not a mortgage or charge on the property. The bond did not conform to the prescribed form under the Tamil Nadu General Sales Tax Rules, 1959, and thus, could not be construed as creating a mortgage or charge. The court agreed, noting that the security bond was not in the prescribed format and was limited to a personal undertaking.2. Whether the Petitioner, a Bona Fide Purchaser, is Liable for the Sales Tax Arrears:The petitioner, having purchased the property after verifying that there were no encumbrances, claimed to be a bona fide purchaser for valuable consideration. The court referenced multiple judgments, including the Supreme Court's ruling in Ahmedabad Municipal Corporation v. Haji Abdul Gafur Haji Hussenbhai, which protects bona fide purchasers without notice of prior charges. The court concluded that the petitioner, being a bona fide purchaser without notice of the sales tax arrears, could not be held liable.3. Legality of the Encumbrance Created by the Respondents on the Property:The respondents argued that the security bond created a statutory charge on the property, binding the petitioner. However, the court found that the bond did not create a mortgage or charge as required under the Transfer of Property Act and the Tamil Nadu General Sales Tax Rules. Consequently, the encumbrance created by the respondents was deemed illegal and not in consonance with the provisions of the TNGST Act.Conclusion:The court quashed the impugned order dated 26.08.2013 and the consequential encumbrance entry, allowing the writ petition. The petitioner, as a bona fide purchaser, was not liable for the sales tax arrears, and the security bond did not create a valid charge on the property.