M/S.ZUNAID ENTERPRISES Vs STATE OF CHHATTISGARH .
Bench: H.L. DATTU,ANIL R. DAVE
Case number: C.A. No.-002288-002288 / 2012
Diary number: 14138 / 2011
Advocates: NAVIN PRAKASH Vs
DHARMENDRA KUMAR SINHA
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2288 OF 2012 (@ SPECIAL LEAVE PETITION (C)NO.12588 OF 2011)
M/S.ZUNAID ENTERPRISES & ORS. ... APPELLANTS
VERSUS
STATE OF CHHATTISGARH & ORS. ... RESPONDENTS
WITH C.A.NOS.2289-2313/2012 @ SLP(C)NOS.13206-13230/2011
WITH C.A.NOS.2314-2332/2012 @ SLP(C)NOS.13721-13739/2011
WITH C.A.NOS.2333-2338/2012 @ SLP(C)NOS.13789-13794/2011
WITH C.A.NOS.2339-2341/2012 @ SLP(C)NOS.13837-13839/2011
WITH C.A.NOS.2342-2362/2012 @ SLP(C)NOS.13848-13868/2011
WITH C.A.NOS.2363-2392/2012 @ SLP(C)NOS.23669-23698/2011
WITH C.A.NOS.2396-2397/2012 @ SLP(C)NOS.19785-19786/2011
WITH C.A.NOS.2398-2406/2012 @ SLP(C)NOS.19470-19478/2011
WITH C.A.NOS.2407-2429/2012 @ SLP(C)NOS.23631-23653/2011
WITH C.A.NO.2430/2012 @ SLP(C)NO. 27388/2011
WITH C.A.NOS.2431-2440/2012 @ SLP(C)NOS.28156-28165/2011
WITH C.A.NOS.2441-2449/2012 @ SLP(C)NOS.29189-29197/2011
WITH C.A.NOS.2450-2453/2012 @ SLP(C)NOS.6980-6983/2012
O R D E R
SLP(C)NOS.13206-13230/2011:
Respondent nos.10-12 are deleted from the array
of parties, at the risk of the petitioner(s).
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SLP(C)NOS.13721-13739/2011:
Respondent nos.10-12 are deleted from the array
of parties, at the risk of the petitioner(s).
SLP(C)NOS.13837-13839/2011:
Respondent no.5 is deleted from the array of
parties, at the risk of the petitioner(s).
SLP(C)NOS.13848-13868/2011:
Respondent nos.13 and 17 are deleted from the
array of parties, at the risk of the petitioner(s).
SLP(C)NOS.23669-23698/2011:
Respondent nos.5-13 are deleted from the array
of parties, at the risk of the petitioner(s).
SLP(C)NOS.23631-23653/2011:
Respondent no.4 is deleted from the array of
parties, at the risk of the petitioner(s).
SLP(C)NOS.28156-28165/2011:
Respondent no.3 takes notice through learned
counsel. Respondent nos.11,12,13,16,17,19,24,27 to
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30 and 36 are deleted from the array of parties, at
the risk of the petitioner(s).
SLP(C)NO.27388/2011:
Learned counsel appears and accepts notice on
behalf of respondent nos.1 to 3.
SLP(C)NOS.29189-29197/2011:
Learned counsel appears and accepts notice on
behalf of respondent no.3. Respondent nos.4 & 5 are
deleted from the array of parties, at the risk of the
petitioner(s).
1. Delay condoned in SLP(C)Nos.6980-6983/2012.
2. Leave granted in all the Special Leave
Petitions.
3. The Chhattisgarh State Minor Forest Product
(Trading & Development) Co-operative Federation
Limited ('the Federation' for short) had initiated
the tender process for sale of Tendu leaves, which
are minor forest produce. One of the condition that
was stipulated in the tender documents was that the
highest bidder whose bid is accepted, has to remit
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the taxes under the VAT Act to the State Government.
4. The appellants herein are successful bidders.
When they were demanded to pay the taxes under the
VAT Act, they thought it fit to approach the High
Court by filing a petition/appeal under Article 226
of the Constitution, inter alia, seeking a writ in
the nature of mandamus to the respondents/revenue to
treat the sales, made by the Federation in favour of
the appellants as purely inter-state sale and,
therefore, not exigible for the levy of tax under the
VAT Act. They had also sought for incidental and
ancillary prayers in the writ petition.
5. The High Court, after hearing the learned
counsel for the parties to the lis, merely relying
upon certain clauses in the tender documents, has
proceeded to hold that the purchase of tendu leaves
by the appellants is pursuant to the tender process
initiated by the Federation and in view of a
particular clause in the tender documents, the
assessees are liable to be taxed under the VAT Act.
The reasoning and the conclusions reached by the High
Court is flawed by the appellants in these Civil
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Appeals.
6. We have heard Shri Ravindra Shrivastava, learned
senior counsel appearing for the appellants and other
learned counsel appearing for other appellants in
these appeals and learned counsel for the State of
Chhattisgarh.
7. At the outset, we intend to remark that in these
type of cases, the High Court ought not to have
entertained the writ petition(s)/writ appeal(s) filed
under Articles 226/227 of the Constitution. We say so
for the reason, that, particularly a transaction is
under the Central Sales Act, intra-state sales or
inter-state sales are mixed questions of fact and
law. Those facts requires to be brought to the notice
of the Assessing Authority by the appellants and it
is for the assessing authority to come to a
conclusion, based on those facts whether a particular
transaction is intra-state sales which is exigible to
the taxes under the VAT Act or inter-state sales, as
envisaged under Section 3 of the Central Sales Tax
Act read with Section 6 of the charging provisions
therein. It is after such adjudication, the matter
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can travel from one stage to the other as provided
under the Act.
8. In the instant case, as we have already stated,
the relevant factors were not before the Court nor
the finding of the assessing authority to decide
whether the transactions in question are intra-state
sales or inter-state which are exigible to taxes
under the VAT Act or taxes under the provisions of
the Central Sales Tax Act. Merely based on certain
clauses in the agreement, in our opinion, the High
Court ought not to have decided that the transactions
in question would be purely and simply inter-state
sales and not intra-state sales, as contended by the
appellants, who are dealers in tendu leaves. In that
view of the matter, we cannot sustain the orders
passed by the High Court.
9. In view of the above, we set aside the orders
passed by the High Court and now we direct the
appellants/assessees in these cases to file their
monthly/annual returns before the assessing authority
within a month's time from today. We also
direct the assessing authority to adjudicate upon the
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returns so filed in accordance with law after
affording opportunity of hearing to the
appellants/assessees. Till such proceedings are
completed, the assessing authority(s) are restrained
from issuing further demand notices to the
appellants/assessees. We also make it clear that the
amounts deposited by the appellants/assesses, during
the pendency of other writ petitions/writ appeals
before the High Court or during the pendency of the
Special Leave Petitions before this Court, shall not
be demanded to be refunded to them. The assessing
authority(s) shall decide the issue and shall
complete the adjudication process within two months'
time from the date of filing of the returns by the
assessees, uninfluenced by the observations made by
the High Court.
10. In such of those cases where the assessees have
already filed their monthly/annual returns, the
assessing authority is directed to complete the
assessments, if not already done. Liberty is also
reserved to the appellants/assesses to file the
appeal(s) before the appellate authority within the
time prescribed under the statute.
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11. The appeals are disposed of accordingly, with no
order as to costs.
Ordered accordingly.
...................J. (H.L. DATTU)
...................J. (ANIL R. DAVE)
NEW DELHI; FEBRUARY 23, 2012
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