The Sales Tax Appellate Tribunal vs. M/S.Batchala Balaiah And Company

THE SALES TAX APPELLATE TRIBUNAL, REP BY THE STATE REPRESENTATIVE BEFORE STAT O/O.MEGHANA TOWERS, 4TH FLOOR, OPP.GURUDWARA BUS STOP, VISAKHAPATNAM.

GP FOR COMMERCIAL TAX Counsel for the Respondent:

S R R VISWANATH

The respondent dealer was involved in a works contract and had disclosed its turn-over for the years 1998-99 & 2000-01. The Commercial Tax Officer No.II, after verifying the returns, had passed orders of assessment, dated 16.05.2002 and 30.03.2002 for the assessment years 1998-99 and 2000-01 respectively. The Deputy Commercial Tax Officer, Nellore Division, took up the revision of the said orders and passed separate orders of revision, dated 12.06.2006. Aggrieved by the said orders of revision, the respondent dealer approached the Sales Tax Appellate Tribunal, by way of T.A.Nos.443 & 445 of 2007. 3. Two issues were raised before the Tribunal. Firstly, on the ground of juri iction and secondly, on the merits of the revisional order.

Under the first ground, the contention raised by the respondent dealer was that the revisional authority, exercising power under Section 20 of the AP General Sales Tax Act, 1957, can exercise such power only if the revisional authority is satisfied that the order under revision is prejudicial to the interests of the revenue. It was contended before the Tribunal that no such satisfaction has been recorded in the orders of revision and consequently, the said orders are without juri iction. Secondly, the respondent dealer

Being aggrieved by the said orders of the Tribunal, in allowing the appeals, filed by the respondent dealer on 12.03.2009, the State has filed the present Revision.

A perusal of the orders of the Tribunal would show that the Tribunal had allowed the appeals on the ground of lack of juri iction. The Tribunal held that the orders of the revisional Deputy Commissioner did not record any satisfaction of the revisional Deputy Commissioner that the orders passed by the Assessing Officer were prejudicial to the interests of revenue. The Tribunal, after recording this fact and relying upon Judgments of the erstwhile High Court of Andhra Pradesh and the Hon’ble Supreme Court of India in the following cases- RRR, J & TCDS, J TREVC.Nos.131 & 186 of 2009 Section 20 of the AP GST Act reads as follows:

Revision by (Commissioner of Commercial Taxes) and other prescribed authorities. (1) The (Commissioner of Commercial Taxes) may suo motu call for and examine the record of any order passed or proceeding recorded by any authority, officer or person subordinate to it, under the provisions of this Act, including sub-section (2) of this Section [and if such order or proceeding recorded is prejudicial to the interests of revenue, may make such enquiry, or cause such enquiry to be made and subject to the provisions of this Act, may initiate proceedings to revise,

This provision clearly stipulates that the officers mentioned in Section 20 can, suo motu, take action against any order passed by an officer subordinate to the Revisional Officer, if the Revisional Officer is satisfied or is of the opinion that the proceeding or order, subjected to revision, is prejudicial to the interests of revenue.

In the present case, no such satisfaction had been expressed by the Revisional Authority. In the absence of any such satisfaction, the power under Section 20 of the AP GST Act cannot be invoked.

In the circumstances, we do not find any reason to differ with the view taken by the Tribunal and these Revision Cases are accordingly, dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.