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of <h1>High Court overturns Judge's dismissal, emphasizes assessing authority's power of rectification, directs reconsideration within six weeks.</h1> <h3>M/s. Lal Construction Company, Rep. By its Director Versus The Assistant Commissioner (CT), Chennai</h3> The High Court set aside the Judge's order dismissing the appellant's writ petitions challenging the order of assessment for the years 2006-07 and ... Rejection of challenge to the impugned orders of assessment for the assessment years 2006-07 and 2007-08 - rejection on the premise that the appellant is bound to prefer an appeal and the filing of the rectification petition is only to circumvent the filing of a statutory appeal, which mandates pre-deposit. HELD THAT:- It is trite law that the Court in exercise of its power of judicial review under Article 226 of the Constitution of India, would not direct a statutory authority to exercise its discretion in a particular manner, but would only command the statutory authority to perform its duty by exercising the discretion according to law. In the instant case, the learned Judge has proceeded to examine and reject the rectification petition, which is a discretion vested with the assessing authority and has thus substituted his views as that of the assessing officer, which is impermissible in law. In such view of the matter, the order of the learned Judge passed in the writ petitions is liable to be set aside and is thus, set aside. As a sequel, the respondent is directed to pass orders on the rectification petition filed by the appellant on 30.01.2014, on merits and in accordance with law, after affording an opportunity of personal hearing to the appellant, without being influenced by any of the observations made by the learned Judge. Appeal disposed off. ISSUES PRESENTED AND CONSIDERED 1. Whether the High Court was justified in dismissing writ petitions because the assessee had not afforded the assessing authority sufficient time to consider a rectification petition under Section 84 of the TNVAT Act. 2. Whether the matters raised in the rectification petition amounted to 'error apparent on the face of the record' within the meaning of Section 84 of the TNVAT Act, thereby invoking the statutory remedy of rectification. 3. Whether a writ court, in exercise of judicial review under Article 226, can itself examine and reject a rectification petition (a discretion vested in the assessing authority) or whether the court is limited to directing the statutory authority to exercise its discretion according to law. 4. Whether the assessing authority, when considering a rectification petition alleging errors apparent on the face of the record, is obliged to afford an opportunity of personal hearing before deciding the petition. ISSUE-WISE DETAILED ANALYSIS Issue 1: Validity of dismissing writs for premature filing instead of permitting statutory rectification process Legal framework: Section 84 of the TNVAT Act provides a statutory remedy of rectification where an order is shown to suffer from an error apparent on the face of the record. The writ jurisdiction under Article 226 permits supervisory review but does not ordinarily supplant statutory decision-making functions. Precedent Treatment: The Court applied established precedent holding that judicial review cannot be used to dictate the manner in which a statutory authority must exercise discretion; the court may only command performance of the duty to exercise such discretion according to law. Those precedents were followed in determining limits on the writ court's powers. Interpretation and reasoning: The Court held that the remedy of rectification is a statutory, discretionary power vested in the assessing authority. By dismissing the writs on the ground that the assessing authority needed more time and then proceeding to examine and reject the rectification grounds, the High Court effectively assumed the role of the assessing authority and substituted its view for that statutory discretion. That approach was impermissible because it deprived the assessee of the statutory remedy and invaded the province of the assessing authority. Ratio vs. Obiter: Ratio - A writ court must not substitute its decision for the statutory authority's discretion to decide rectification petitions; it should instead direct the authority to exercise its power according to law. Obiter - Comments about the desirability of not encouraging premature writs were ancillary but not determinative. Conclusions: The High Court's dismissal on the prematurity ground, followed by its own rejection of rectification grounds, was unlawful. The matter must be remitted to the assessing authority to decide the rectification petition on merits after affording opportunity of personal hearing. Issue 2: Scope of 'error apparent on the face of the record' under Section 84 and whether rectification grounds necessitated detailed enquiry Legal framework: Rectification under Section 84 is confined to clerical/manifest errors apparent on the face of the record; grounds that require detailed arguments, fact-finding or extensive deliberation are not amenable to summary rectification. Precedent Treatment: The Court treated prior authorities as guiding the demarcation between errors apparent on the face and issues requiring detailed inquiry, and applied that principle to assess the nature of the grounds raised in the rectification petition. Interpretation and reasoning: The Court noted the rectification petition raised several substantive contentions - eligibility to pay tax at compounded rate, applicability of purchase tax for purchases from unregistered dealers, inclusion of TDS and denial of Rule 8(5) deduction, method of estimating gross profit, and constitutional challenge to restriction under Section 6. While some points may involve errors apparent on the face, others plainly require detailed consideration of facts and law. However, determination of whether each ground amounts to an error apparent on the face is for the assessing authority to undertake, not for the writ court to decide in the first instance. Ratio vs. Obiter: Ratio - Whether a particular ground constitutes an error apparent on the face of the record is a matter for the assessing authority to decide in exercise of its statutory discretion; the writ court should not pre-empt that exercise. Obiter - Observations indicating that many grounds in the petition appear to require detailed deliberation. Conclusions: The rectification petition raises mixed issues; the appropriate course is remittal for the assessing authority to examine and decide the rectification points (distinguishing what is manifest error from what requires fuller inquiry), after hearing the assessee. Issue 3: Limits of judicial intervention under Article 226 when a statutory remedy exists Legal framework: Judicial review under Article 226 empowers courts to ensure statutory authorities perform their duties lawfully but does not permit courts to exercise the discretionary functions conferred on those authorities or to dictate the outcome of discretionary decisions. Precedent Treatment: The Court followed established principles that a writ court cannot compel an authority to exercise discretion in a particular manner and cannot substitute its own judgment for that of the authority; it may only direct lawful exercise of the discretion. Interpretation and reasoning: Applying those principles, the Court found that the learned Judge exceeded permissible judicial review by rejecting the rectification petition himself rather than directing the assessing authority to consider it. The High Court thereby supplanted the licensing/assessing authority's function - a course explicitly discouraged in the authorities relied upon by the Court. Ratio vs. Obiter: Ratio - The writ court must remit the matter to the competent statutory authority to exercise its discretion according to law; it should not decide the substance of a rectification request when the statute entrusts that decision to the authority. Obiter - Remarks on procedural propriety of waiting a reasonable time before invoking writ remedy. Conclusions: Judicial intervention was limited to setting aside the High Court's order and directing the assessing authority to decide the rectification petition on merits within a specified timeframe, after affording a personal hearing, and without being influenced by prior judicial observations. Issue 4: Obligation to afford personal hearing before deciding a rectification petition Legal framework: Natural justice principles and statutory fairness require that when a representation seeking rectification is filed alleging errors on the face of the record, the affected party should be afforded an opportunity of personal hearing before adverse conclusion is drawn. Precedent Treatment: The Court treated the right to be heard as an established requirement when a statutory authority entertains representations that may prejudice rights, and applied that standard to the rectification process. Interpretation and reasoning: The rectification petition expressly sought rectification 'after providing an opportunity of personal hearing.' The Court directed that the assessing authority must decide the rectification petition on merits and in accordance with law, after affording a personal hearing, thereby reinforcing the obligation to hear the petitioner before final action is taken. Ratio vs. Obiter: Ratio - The assessing authority must afford a personal hearing before deciding the rectification petition affecting assessment orders. Obiter - None significant beyond reaffirmation of hearing requirement. Conclusions: The assessing authority is required to afford the petitioner a personal hearing and then decide the rectification petition within the time ordered by the Court, uninfluenced by earlier judicial comments. Disposition and Practical Direction The Court set aside the High Court's order and directed the assessing authority to decide the rectification petition on merits and in accordance with law, after affording a personal hearing, within six weeks from receipt of the judgment; no costs were imposed.
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