VidhiSangh

Supreme Court of India · 01/02/2023

M/S GODREJ SARA LEE LTD versus THE EXCISE AND TAXATION OFFICER-CUM-ASSESSING AUTHORITY & ORS.

[2023] 3 S.C.R. 871 · 2023 INSC 92

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A mosquito repellent manufacturer challenged suo motu revisional orders under Section 34 of the Haryana Value Added Tax Act, 2003 taxing its products at 10 per cent instead of 4 per cent, although the Haryana Tax Tribunal had held such repellents to be insecticides taxable at the lower rate; the High Court dismissed the writ petition for non-exhaustion of the statutory appeal. The Supreme Court allowed the appeal: an alternative remedy goes to entertainability, not maintainability, and a pure question of the revisional authority's jurisdiction should have been decided; the first proviso to Section 34 barred revision of an issue settled by the Tribunal, whose decision bound the Revisional Authority, and the assessment orders suffered no illegality or impropriety. The Court decided the issue itself and invalidated the revisional orders.

Issues

  1. Whether a High Court may dismiss a writ petition as not maintainable merely because the petitioner has not pursued the statutory appeal, where the petition raises a pure question of the revisional authority's jurisdiction.
  2. Whether the Revisional Authority could exercise suo motu power under Section 34 of the Haryana Value Added Tax Act, 2003 to revise assessments on an issue already settled by the Haryana Tax Tribunal.

Provisions considered

Held

Result

Appeal allowed with parties bearing their own costs; Punjab and Haryana High Court order dated 12.10.2009 in CWP No. 9191 of 2009 set aside; revisional orders dated 02.03.2009 for Assessment Years 2003-04 and 2004-05 invalidated; interim order dated 18.01.2010 made absolute.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 871.