RAM KUMAR AND CO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Assessing Authority, Hissar, issued a notice dated 21st April, 1982 (annexure P. 1), under Section 53 of the Haryana General Sales Tax Act, 1973 (for short, the Act), to the firms which are before me in these four C. W. P. Nos. 3060, 3061, 3269 and 3270 of 1984 for declaring them to be dealers under the Act and for framing assessments against them for the year 1981-82. Since in these four petitions similar contentions have been raised, these are being disposed of through this common judgment. For facility of reference, the facts stated in C. W. P. No. 3060 have only been noticed.

(2.) THE notice referred to above was issued to the petitioners on the basis of certain enquiries conducted into the business transactions of M/s. Garg Trading Company, respondent No. 4, whose sole proprietor was Suraj Bhan son of Kali Ram. As per the Assessing Authority these enquiries revealed that the petitioners had been conducting their business "in partnership" with the said firm. The operative part of the notice reads as follows : You are, therefore, directed to show cause by attending my office on 27th April, 1982, at 10 A. M. situated on 3rd floor, Mini Secretariat, Hissar, as to why you should not be declared as dealer under Section 53 of the Haryana General Sales Tax Act, 1973, in connection with all the transactions of purchasing and sales of vegetable ghee and other commodities made in the name of M/s. Garg Trading Co. , Uklana, during the year 1981-82.

(3.) IN response to this notice the petitioners took up the stand that they had nothing to do with the business of M/s. Garg Trading Company nor were they partners of that firm and claimed that they cannot be held to be dealers in connection with the transactions of that firm; rather were registered as dealers under the Act in their own right. Thus a contest having been raised, the Assessing Authority, after certain adjournments in the matter has, through a long winding order running into 94 pages, come to the conclusion that the petitioners had formed some sort of "secret partnership to run business on a large scale in the name of M/s. Garg Trading Co. , Uklana" and were thus liable to be declared as dealers under Section 53 of the Act. After recording this conclusion he has made respondent No. 4 liable to pay tax to the tune of Rs. 6,08,900 and a penalty of Rs. 20,00,000 under Section 48 of the Act for filing "incorrect returns knowingly and deliberately". This order of the Assessing Authority is impugned by the petitioners on a wide variety of grounds some of which are that the order is self-contradictory and is violative of principles of natural justice; and that the Assessing Authority had no jurisdiction to pass this order.