1985 (11) TMI 218 - HC - VAT and Sales Tax

Summary

Issues:
1. Taxable turnover calculation for returned goods.
2. Penalty imposition under section 16(1)(c) of the Rajasthan Sales Tax Act.

Analysis:
1. The first issue pertains to the taxable turnover calculation for goods returned in a subsequent financial year. The Supreme Court precedent establishes that deductions for sales returns must be claimed in the same financial year as the sales occurred. The deduction cannot be claimed in the assessment proceedings for the subsequent financial year. In this case, goods sold in 1965-66 but returned in 1966-67 cannot be excluded from the taxable turnover of 1966-67. The Court held that the Board was not justified in excluding the prices of goods returned from the taxable turnover, ruling in favor of the department.

2. The second issue revolves around the imposition of a penalty under section 16(1)(c) of the Rajasthan Sales Tax Act for late filing of returns and non-deposit of tax amounts. The assessing authority imposed penalties for late filing and incomplete tax deposits, causing loss to the State exchequer. The Board of Revenue, while considering the case, focused primarily on the late filing of returns and quashed the penalty. The Court noted that penalties under section 16(1)(c) can be imposed for late filing without reasonable cause and non-deposit of tax amounts. However, in this case, the Board's decision to set aside the penalty was deemed justified based on the established facts of late filing, rather than deliberate negligence by the dealer.

In conclusion, the Court ruled in favor of the department regarding the taxable turnover calculation for returned goods but sided with the dealer in setting aside the penalty under section 16(1)(c) of the Rajasthan Sales Tax Act. The reference was answered accordingly based on the detailed analysis of the legal issues involved in the judgment.