1958 (2) TMI 36 - HC - VAT and Sales Tax

Summary

Issues:
Charging for contravention of Madras General Sales Tax Act, preliminary objections raised by accused, validity of rule 13, retrospective application of new section 15.

Analysis:
The accused were charged for contravention of section 15(2)(a) of the Madras General Sales Tax Act for submitting incomplete and incorrect returns. The accused raised preliminary objections, including the absence of an allegation of fraudulent evasion, the existence of a compounding order, the validity of rule 13, and the retrospective application of the new section 15. The Magistrate found these objections devoid of merit and decided to proceed with the inquiry, leading to revisions by the accused.

The first objection regarding the absence of an allegation of evasion was dismissed as the prosecution was based on submitting untrue returns, not evasion of tax. The second objection on the compounding fee was rejected since the accused had not completed the compounding process. The third objection about the validity of rule 13 was deemed irrelevant as the prosecution was not under that rule. The Magistrate clarified the distinction between rule 13 and section 15(a) and concluded that the objection lacked merit.

Regarding the retrospective application of the new section 15, the Magistrate upheld the prosecution, citing a Kerala High Court decision that the new section was not intended to be retrospective. The accused argued that section 15 was procedural and thus the repeal should be retrospective. However, the Magistrate clarified that section 15(2)(a) defined an offense substantively, not procedurally. As a result, the objections were overruled, and the revisions were dismissed, with no grounds for interference found.

In conclusion, the accused's objections were thoroughly analyzed and dismissed by the Magistrate, who correctly determined that the objections lacked merit. The judgment reaffirmed the validity of the prosecution under section 15(2)(a) of the Act and clarified the substantive nature of the provision. The revisions were ultimately dismissed, upholding the Magistrate's decision to proceed with the inquiry.