1991 (2) TMI 396 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment of penalty under section 10A of the Central Sales Tax Act for false representation in using declaration form C for purchase of steel flats.

Analysis:
The case involved tax revision cases filed by the assessee for the assessment years 1982-83, 1983-84, and 1984-85. The assessee, a dealer, purchased steel flats using declaration form C, which was not permitted as per the certificate of registration issued under the Central Sales Tax Act. An inspection revealed the unauthorized use of form C for steel flats purchase. The assessing authority found that the assessee willfully misrepresented their entitlement to use form C for steel flats. The penalty under section 10A of the Act was levied based on this false representation.

On appeal, the Appellate Assistant Commissioner upheld the false representation finding but reduced the penalty to 100% of the tax due from the initial 150%. The Tribunal affirmed the false representation conclusion and further reduced the penalty to 50% of the tax due for all years, showing leniency towards the assessee. The assessee contended that the request for inclusion of steel flats in the registration certificate did not imply false representation. However, all authorities, including the Tribunal, found that the assessee knowingly used form C for steel flats despite being aware of the restriction, justifying the false representation conclusion.

The High Court, after considering the arguments, upheld the findings of the lower authorities. It was noted that the assessee did not request the inclusion of steel flats in the registration certificate and that the use of form C for steel flats was not permitted. The court declined to interfere with the concurrent factual findings, stating they were based on the evidence and circumstances of the case. Consequently, the tax revision cases were dismissed, and the petitions were rejected.