Supreme Court Of India
S.N. VARIAVA AND DR. A.R. LAKSHMANAN, JJ.
TRADE TAX OFFICER, SAHARANPUR- Appellant
Versus
ROYAL TRADING CO.- Respondent
Civil Appeals Nos. 4598-99 of 2000,
Decided on May 5, 2005
Constitution of India, Article 226 - Central Sales Tax Act, 1956, Sections 9 and 14 -Show cause notice for higher duty- The Respondent-Company were clearing their goods on the basis that they were leather sheets within the meaning of Section 14 of the Act-A show cause notice was issued to them claiming that the items cleared by them were not leather sheets and that a higher duty was required to be paid- High Court erred in quashing the notice-The High Court ignored the well settled law that against issuance of a show cause notice a Court should be reluctant to interfere- After the Respondents filed their reply, the notice could have been dropped or if the reply was not satisfactory based on the reply further inquires could have been made by the Appellants- The order of the High Court set aside. [Para 1]
ORDER
1. These appeals are against the judgment of the Allahabad High Court dated 21-1-2000. The respondent Company were clearing their goods on the basis that they were leather sheets within the meaning of Section 14 of the Central Sales Tax Act. A show-cause notice was issued to them claiming that the items cleared by them were not leather sheets and that a higher duty was required to be paid. The respondents filed a writ petition challenging the issuance of the show-cause notice. The High Court ignoring the well-settled law that against a mere issuance of a show-cause notice a court should be reluctant to interfere, purported to go into the facts and quashed the show-cause notice in a mechanical way. In our view the approach of the High Court was entirely wrong. All that had been done was that a show cause was issued. After the respondents filed their reply, the notice may have been dropped or if the reply was not satisfactory based on the reply further inquiries could have been made by the appellants. Adjudication proceedings must not be stalled in the manner done by the High Court.
2. We, therefore, set aside the impugned orders. The appellants will be at liberty to proceed with the show-cause notice. Reply to the show-cause notice must be filed within four weeks from today. Adjudication to take place thereafter.
3. The appeals stand disposed of accordingly. There will be no order as to costs.
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