1989 (7) TMI 327 - HC - VAT and Sales Tax

Summary

Issues: Interpretation of penalty provisions under section 4-B of the Act and applicability of circular dated 10th November, 1982.

In this case, the assessee, a rice manufacturer, purchased paddy under a recognition certificate exempt from tax for manufacturing rice. However, the assessee engaged in consignment sales, contravening the terms of the certificate, leading to penalty proceedings. Initially, the assessing officer levied a penalty equivalent to the tax payable on the purchase price, but later corrected it to align with section 4-B, which mandates the penalty to be not less than the tax payable on the sales of notified goods. The Assistant Commissioner (Judicial) canceled the penalty order, considering it a change of opinion rather than a mistake apparent on record. The Tribunal, on appeal by the Revenue, reversed this decision and reinstated the assessing officer's penalty order.

The High Court analyzed the situation, considering the circular dated 10th November, 1982, which provided two penalty options under section 4-B. The first option, relied upon by the assessee, linked the penalty to the purchase tax avoided. The Court deliberated on the applicability of this circular to the assessment year in question, 1981-82, and whether it rendered the basis for penalty calculation debatable. The Court concluded that the circular's relevance to pending matters was debatable, making the quantification of penalty under section 4-B a matter of contention due to the circular's specific reliance by the assessee during the proceedings. As a result, the Court allowed the revision, quashing the penalty order under section 22, as it did not pertain to a mistake apparent from the record.