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Civil · Reportable judgment

The Commercial Tax Officer & Ors. vs Neeraja Pipes Pvt. Ltd.

Court
Supreme Court of India
Date
15 March 2023
Case No.
Civil Appeal No. 760 of 2023
Result
Allowed
Bench
S. Ravindra Bhat, Dipankar Datta
Citation
[2023] 2 S.C.R. 926 : 2023 INSC 236
Supreme Court Reports [2023] 2 S.C.R. 926 : 2023 INSC 236
Headnote

Notices/Process: Mode of service of orders and notices – Nonservice of notice/assessment order – Consequence of – Assessee alleged that the Revenue did not provide copies of assessment order and proceeded to claim tax as arrears and attached the properties of the assessee – High Court, relying on r. 64 held that revenue did not have record evidencing the service of assessment order on the assessee; and that it was not clear on what basis revised notices as well as notices of attachment claiming arrears of tax from the assessee were issued, and thus set aside the same – On appeal, held: Under r. 64, when any statutory or administrative order, visits a citizen or entity with adverse consequences, such an order has to be served upon the concerned person; especially so, when that order is appealable or subject to revision by higher authorities – In the previous writ petition where assessee were impleaded, the assessee did not dispute that it had not received the copies of assessment orders – It highlights the assessee’s conduct in deliberately choosing to keep quiet, even when it could have raised a grievance – Moreover, the assessee also did not dispute that it had not received the copies of assessment orders, in those writ proceedings – Further, it did not seek copies of the assessment orders, in the representations addressed to the revenue after the second attachment order was issued – It cannot be said that the attachment orders were unenforceable, because the assessment orders were not served on it – Judgment and order of the High Court is set aside – Attachment notice in Form V is revived and it is open to the revenue to recover the dues owed, as per the said notice – Telangana VAT Rules – r. 64 – Andhra Pradesh General Sales Tax Act, 1957 – Telangana State Value Added Tax Act, 2005.

Amina Bi Kaskar (D) by LRs. v. Union of India & Ors. (2018) 16 SCC 266; Sri Budhia Swain & Ors. v.

Gopinath Deb & Ors. (1999) 4 SCC 396 : [1999] 2 SCR 1189 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by S. RAVINDRA BHAT, J. 1. The appeal was heard, with consent of counsel for the parties. The appellant, Commercial Tax Officer (hereafter called “the revenue”) is aggrieved by the judgment and order of the Telangana High Court1, by which a writ petition filed by the respondent (hereafter “the assessee”) was allowed. 2. The assessee questioned the revenue, complaining that it did not provide copies of assessment order for the years 2005-06, 2008-09, 2009-10, and 2010-11 under the Andhra Pradesh General Sales Tax Act, 1957 (hereafter “APGST Act”). and
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