1995 (12) TMI 316 - SC - VAT and Sales Tax

Penalty levy - whether the forged certificate was filed along with the returns or at a later point of time? Held that - Appeal allowed. Since the matter pertains to penalty and the offence, if proved, is undoubtedly a serious one, the aspect now brought to our notice be looked into and pronounced upon. Accordingly, set aside the judgment of the High Court and remit the matter to the High Court for a fresh disposal according to law. The High Court may also examine whether the certificate dated March 8, 1989, referred to in the order of the Deputy Commissioner aforementioned was indeed filed before the authorities and whether it is true and genuine and its effect.

Summary

Issues:
- Appeal against deletion of penalty by Kerala High Court based on false certificate for sales tax exemption.
- Interpretation of section 45A(1)(d) of the Act regarding filing of untrue or incorrect returns.
- Consideration of a subsequent genuine certificate for sales tax exemption.
- Remittal of the matter to the High Court for fresh disposal.

Analysis:
The case involves appeals against the Kerala High Court's decision to delete a penalty levied on the respondent for filing returns based on a false certificate claiming sales tax exemption. The respondent had filed returns for three assessment years, claiming total exemption from sales tax based on a forged certificate issued by the District Industries Centre. The Sales Tax Officer initially granted exemption, but upon discovering the certificate was false, penalties were imposed under section 45A(1)(d) of the Act.

The High Court allowed the appeals, reasoning that the penalty was for filing "untrue or incorrect returns" and not for producing a false certificate. However, the Supreme Court disagreed, stating that the false certificate supported the untrue and incorrect returns. The timing of filing the forged certificate did not affect the falsity of the returns. The Court emphasized that the claim for exemption was false, regardless of when the certificate was submitted.

During the proceedings, a subsequent genuine certificate for sales tax exemption was brought to the Court's attention. The respondent argued that the earlier forged certificate was obtained by an employee without their knowledge, and they were entitled to exemption. The Supreme Court decided to remit the matter to the High Court for further examination of this new certificate and its authenticity. The Court highlighted the seriousness of the offense and the need for a thorough review before reaching a final decision.

In conclusion, the Supreme Court allowed the appeals, set aside the High Court's judgment, and directed a fresh disposal of the case. The High Court was instructed to consider the new certificate and determine its validity in the context of the penalty imposed. No costs were awarded in this decision.