High Court Punjab-Haryana High Court

M/S Bhagat Industrial … vs State Of Punjab And Others on 9 October, 2009

Punjab-Haryana High Court
M/S Bhagat Industrial … vs State Of Punjab And Others on 9 October, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH.

                       CWP No. 15545 of 2009

                   Date of Decision: October 9, 2009

M/s Bhagat Industrial Corporation Limited

                                                           ...Petitioner

                                Versus

State of Punjab and others

                                                        ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

             HON'BLE MR. JUSTICE JASWANT SINGH

Present:     Mr. G.R. Sethi, Advocate,
             for the petitioner.

1.      To be referred to the Reporters or not?
2.      Whether the judgment should be reported in
        the Digest?


M.M. KUMAR, J.

This order shall dispose of a bunch of 11 petitions,

bearing CWP Nos. 15545 to 15555 of 2009, filed by the same

assessee-petitioner in respect of assessment years 1989-90 to 1999-

2000.

At the outset Mr. G.R. Sethi, learned counsel for the

assessee-petitioner has limited his prayer for issuance of directions to

the Assessing Authority-respondent No. 6 to pass assessment orders

in pursuance of directions issued by the Deputy Excise and Taxation

Commissioner (Appeals), Jalandhar Division, Jalandhar, on

20.6.2006 (P-6). The concluding portion of the order passed by the
C.W.P. No. 15545 of 2009 2

Deputy Excise and Taxation Commissioner shows that the order of

the Assessing Authority was upheld holding the same to be within

jurisdiction and for the reason that it was duly transferred to the

Assessing Authority by the competent authority. It was further held

that the assessment was not barred by limitation. The argument of the

assessee-petitioner seeking rebate under Rule 29(xii) of the Punjab

General Sales Tax Rules, 1949 (for brevity, ‘the Rules’) on molasses

used in the taxable goods i.e. Indian Made Foreign Liquor (IMFL)

was not accepted on the ground that no taxable turnover of IMFL was

left from where the claim of rebate could be allowed by the Assessing

Authority under Rule 29(xii) of the Rules. However, in respect of

taxing bottles sold with the country liquor, the case was remanded to

the concerned Assessing Authority to decide it afresh by taking into

account the Sales Tax Tribunal’s order rendered in the case of M/s

Patiala Distillers and Manufacturers Limited, reported as (2002) 20

PHT 294. The aforesaid order passed by the Deputy Excise and

Taxation Commissioner has been upheld by the Value Added Tax

Tribunal, Punjab, Chandigarh (for brevity, ‘the Tribunal’), in its order

dated 16.7.2007, passed in Appeal Nos. 220 to 230 of 2006-07 (P-7).

Accordingly, the appeals filed by the assessee-petitioner have been

dismissed. Additionally, the Tribunal has directed the Assessing

Authority to expedite the case after complying with the directions of

the DETC(A) in the earlier remand order dated 20.6.2005 (P-2).

However, the assessment orders have not been passed till date.

Notice of motion.

C.W.P. No. 15545 of 2009 3

Ms. Sudeepti Sharma, DAG, Punjab, who is present in

the Court, accepts notice on behalf of the respondents. Two copies of

the each of the paper book have been served on her. With the consent

of the parties, the matter is taken up for final disposal.

After hearing learned counsel for the parties, we are of

the considered view that the matter has been unnecessarily kept

pending by the Assessing Authority for a long period of over two

years. Therefore, it is necessary to direct the Assessing Authority to

pass assessment orders in accordance with the directions of DETC

and the Tribunal at the earliest but not later than 31.12.2009.

The Writ petitions are disposed of in the above terms.

We make it clear that all the other issues raised by the

learned counsel for the assessee-petitioner shall remain open and this

order shall not be construed to have expressed any opinion on any

other aspect of the matter.



                                                   (M.M. KUMAR)
                                                      JUDGE




                                                 (JASWANT SINGH)
October 9, 2009                                       JUDGE

Pkapoor