1958 (7) TMI 43 - HC - VAT and Sales Tax

Summary

Issues:
Jurisdiction of the Magistrate to direct payment of arrears and impose imprisonment in default.

Analysis:
The petitioners defaulted on payment of sales tax and were prosecuted under the Travancore-Cochin General Sales Tax Act. They were convicted and sentenced to pay a fine and undergo imprisonment in default of payment. The revision petition challenges the Magistrate's jurisdiction to direct payment of arrears and impose imprisonment. Section 19 of the Act outlines offenses and penalties, specifying fines for non-compliance. The section mandates the Magistrate to specify the unpaid tax amount for recovery as a fine under the Criminal Procedure Code. The State argued that Indian Penal Code section 64 allowed imprisonment for non-payment, but this was refuted as the Act only prescribed fines, not imprisonment. Imposing imprisonment for arrears exceeding the maximum fine is beyond the court's authority. The court can initiate fine recovery, but not impose additional fines or imprisonment for non-payment. The sentence directing imprisonment for non-payment of arrears was deemed beyond the court's jurisdiction and quashed.

Judgment:
The criminal revision petition was allowed, setting aside the imprisonment direction for non-payment of arrears. The Magistrate was directed to recover the specified arrears as a fine through prescribed methods. Bail bonds were canceled, and the petition was allowed.