HC directs govt. to suspend tax official for misleading court

The Madras High Court on Tuesday directed the State authorities to suspend a State Tax Officer for having misled the court through the listening to of a batch of circumstances looking for exemption from cost of economic tax. It additionally determined to order a probe into lack of income precipitated to the general public exchequer by not conducting court circumstances correctly due to “large scale collusion” between the federal government officers and the merchants.

Justice S.M. Subramaniam handed the orders after being happy that State Tax Officer D. Mukundhan had suppressed important information earlier than the court through the listening to of circumstances, pending within the court since 2005, looking for tax exemption on gross sales turnover of intraocular lenses. He directed the Commissioner of Commercial Taxes to suspend the officer with quick impact and produce a duplicate of the suspension order on Thursday.

The choose ordered that proceedings have to be initiated towards the officer below the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 for misconduct, committing an act unbecoming of a authorities servant and dereliction of responsibility. He identified that the court had to instantly work together with the State Tax Officer because the authorities counsel was not ready to help the court and was giving evasive replies to its questions.

All alongside the listening to that spanned for over 90 minutes, the officer asserted earlier than the court that sale of intraocular lenses to medical doctors and hospitals inside the State was exempted from tax and that solely lenses offered to medical doctors and hospitals in different States was liable to tax. However, after the choose started dictating judgement within the open court and was on the fag finish, the federal government counsel pitched in to state that even intra State sale was taxable.

“This court is absolutely shocked in view of the fact that all parties to the litigation totally misguided this court without informing the vital facts… The way in which the said officer answered the questions raised a doubt in the mind of the court regarding his integrity as well as the truthfulness in making such statements. One can easily draw an inference regarding possibility of collusion with other side which cannot be overruled,” the choose stated.

He went on to observe: “The State Tax officer is very much aware of the entire facts as well as the sales taxes applicable for sale of intraocular lenses both within the State of Tamil Nadu and for interstate sales. In spite of the knowledge about the sales tax, the officer has intentionally made false statements and suppressed the facts for the purpose of misleading the court. Actually, this court was totally misled both by the learned Government Counsel as well as the said State Tax Officer.”