Bombay High Court
THE ADDL. COMMISSIONER OF SALES TAX, VAT-3, MUMBAIversusB AND V AGRO IRRIGATION CO. MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court held that, having accepted the Respondent’s settlement order, no tax liability remained and the reference was disposed.
Summary
The Addl. Commissioner of Sales Tax (Applicant) raised a Sales Tax Reference against B & V Agro Irrigation Company (Respondent) alleging unpaid tax. The Respondent produced a Settlement Order dated 8 December 2023, showing that under the Amnesty Scheme under Section 13(1) of the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Act, 2023, the disputed tax amount had already been deposited. The Applicant’s counsel did not contest the authenticity or effect of the settlement. Consequently, the Court found that no issue remained for adjudication. The reference was therefore disposed of, with the underlying legal question left open for future proceedings if needed.
Issues considered
- What, if any, tax liability remained after the Respondent’s settlement under the Amnesty Scheme?
Legislation cited
Subjects
- sales tax
- amnesty scheme
- tax settlement
- reference disposal
- Maharashtra tax law
Judgment
6 STR 21-11-OS.DOC
Priya Soparkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SALES TAX REFERENCE NO. 21 OF 2011
The Addl. Commissioner of Sales Tax, (Vat-III), …Applicant
Mumbai.
Versus
B & V Agro Irrigation Company, Mumbai. …Respondent
Ms. Jyoti Chavan, Addl. GP, with Mr. Himanshu Takke, AGP for the
Applicant-State.
Mr. Yash Dethe i/by Mr. C.B. Thakar, for the Respondent.
CORAM: SUMAN SHYAM &
GAUTAM A. ANKHAD, JJ.
DATED: 8th OCTOBER, 2026.
PC:-
1. Ms. Jyoti Chavan, learned Addl. GP is present for the
Applicant-State. Mr. Yash Dethe, learned counsel appearing for the
Respondent has tendered a copy of the Settlement Order dated 8 th
December, 2023, to submit that under the Amnesty Scheme framed
under Section 13(1) of the Maharashtra Settlement of Arrears of
Digitally
signed by
PRIYA
PRIYA
RAJESH
RAJESH
SOPARKAR Tax, Interest, Penalty or Late Fee Act, 2023, the Respondent has
SOPARKAR Date:
2026.10.08
17:31:37
+0530
already deposited the disputed tax amount and therefore, the
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6 STR 21-11-OS.DOC
matter has been settled. Copy of the order is taken on record and
marked “X” for identification.
2. In view of the above, nothing survives for consideration of
this Court.
3. Ms. Jyoti Chavan, learned Addl. GP, on verification of the
record, does not dispute the assertion of the Respondent.
4. This Sales Tax Reference, therefore, stands disposed of.
5. The question of law involved in this reference, if not already
decided in any other proceeding, shall be kept open for
consideration in an appropriate proceeding.
(GAUTAM A. ANKHAD, J.) (SUMAN SHYAM, J.)
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