2025 (12) TMI 1070 - HC - VAT / Sales Tax

Sales tax rate classification for a product: whether s.52 determination applies retrospectively or only prospectively; remanded for reconsideration.

The dominant issue was whether the tax-rate determination for a product under the Sales Tax Act could operate retrospectively or be confined ... Rate of tax on sales of Listerine Mouth Wash - taxable at 4% or 15%? - matter was 'fairly conceded' and 'no objection was raised' inspite of the fact that the opponent objected to the granting of relief - non-consideration of the limitation plea - HELD THAT:- This Court did interfere with the impugned order inter alia on the ground of non-consideration of the limitation plea. However, this Court noted that Section 52 of the Sales Tax Act confers power on the Commissioner to decide the matters referred to therein, including the rate of tax payable. Further, Section 52(2) provides that the Commissioner may direct that his order shall not affect the liability of any person in respect of any sale or purchase effected prior to the determination. Thus, the Commissioner was specifically conferred the power to make his decision prospectively - This Court noted that though such a plea relating to prospectivity was specifically raised by the assessee, the same was not considered or dealt with by the Tribunal. Since, in this case, the Tribunal had relied upon the order of 28 February 2001 and this Court has now set that order aside, but the matter has been remanded to the Tribunal to decide on the issue of prospectivity or retrospectivity, it is obliged to set aside the Tribunal’s order and remand the matter to the Tribunal for a fresh decision on the issue of prospectivity or retrospectivity. If the matter on remand is already disposed of, the Tribunal will have to decide these issues in accordance with the order made on remand. If the matter on remand is yet to be disposed of, then the Tribunal is directed to hear both matters together and dispose of them as expeditiously as possible and in any event within four months of an authenticated copy of this order being placed before the Tribunal. Reference disposed off. 1. ISSUES PRESENTED AND CONSIDERED (i) Whether the Tribunal's decision applying a concessional tax rate by giving only prospective effect to a higher-rate classification could stand when it was founded on a separate Tribunal order that had subsequently been set aside by the Court and remanded for fresh determination on prospectivity. (ii) What consequential order should be made in the present reference, including whether the matter should be remanded to the Tribunal and how the Tribunal should proceed depending on the status of the earlier remand proceedings on the same prospectivity issue. 2. ISSUE-WISE DETAILED ANALYSIS Issue (i): Sustainability of the Tribunal's order premised on a set-aside order concerning prospectivity Legal framework (as discussed by the Court): The Court noted that the Sales Tax Act confers power on the Commissioner to determine, inter alia, the rate of tax payable, and that Section 52(2) enables the Commissioner to direct that such determination shall not affect liability in respect of sales/purchases effected prior to the determination, i.e., to give prospective effect. The Court treated the question of prospectivity versus retrospectivity as an issue requiring adjudication by the Tribunal when properly raised. Interpretation and reasoning: The Tribunal had accepted the Revenue's classification result (higher tax rate) but applied it only prospectively by following an order passed in a miscellaneous/rectification application in a different appeal. The Court observed that this very relied-upon order (granting prospective effect) had been challenged and was set aside by the Court, with the matter remanded to the Tribunal for reconsideration specifically on prospectivity under Section 52(2). Since the present Tribunal order rested on an order no longer in force and the underlying prospectivity question remained to be freshly decided on remand, the Court held it could not allow the present Tribunal order to stand. Conclusion: The Tribunal's order in the present matter was set aside because it relied on an earlier Tribunal order that had been set aside by the Court and remanded for a fresh decision on prospectivity/retrospectivity. Issue (ii): Appropriate consequential directions and remand management Interpretation and reasoning: Having found that the determinative basis of the Tribunal's approach (prospective application) was unsettled due to the prior setting aside and remand, the Court considered it necessary to remand the present matter to the Tribunal for a fresh decision limited to the issue of prospectivity or retrospectivity. The Court also addressed practical uncertainty as to whether the Tribunal had already decided the earlier remand proceedings on the corresponding rectification application involving the same assessee. The Court therefore structured directions contingent on that status: if the earlier remand had already been disposed of, the Tribunal must decide the present issues in accordance with the order made on that remand; if not, the Tribunal must hear both matters together to avoid inconsistent outcomes and undue delay. Conclusion: The Court remanded the matter to the Tribunal for a fresh decision on prospectivity/retrospectivity, directing (a) conformity with the outcome of the already-decided remand if it exists, or (b) joint hearing and expeditious disposal of both matters if the earlier remand is pending, with a four-month timeline from production of an authenticated copy of the Court's order. No order as to costs.