1992 (4) TMI 231 - HC - VAT and Sales Tax

Summary

Issues involved:
The assessing authority filed a revision u/s 15 of the Rajasthan Sales Tax Act, 1954 against the order of the Rajasthan Sales Tax Tribunal. The two questions raised were:
(i) Justification of setting aside the levy of penalty by the Deputy Commissioner (Appeals) and the Tribunal.
(ii) Whether further reasonable opportunity should have been allowed to the assessee when the facts are admitted.

Summary:

The business premises of the assessee were inspected, and it was found that 25 cooler bodies were in stock without proper documentation. The assessing authority imposed a penalty of Rs. 3,000 u/s 22(6)(b) on the same day as per the application of the assessee. The Deputy Commissioner (Appeals) noted that no reasonable opportunity was given, and the stock should have been physically verified from the books of accounts to determine any excess items. The appellate authority found discrepancies in the stock verification process and lack of proper documentation.

The Rajasthan Sales Tax Tribunal upheld the decision, stating that there was no specific finding on the presence of only 25 cooler bodies during the inspection and no verification from the books of accounts was conducted. The Tribunal found the penalty justified based on the available information.

The argument presented was that the admission by the assessee regarding the missing bills of the cooler bodies should suffice for penalty imposition without further inquiry. However, it was contended that the alleged statement was inadmissible due to procedural lapses.

The court considered the matter and emphasized the importance of proper examination of books of accounts or other documents to establish discrepancies in stock. Since this essential requirement was not met, the Deputy Commissioner (Appeals) was correct in setting aside the penalty. The Tribunal's decision was upheld, and the revision petition was dismissed with no costs imposed.

In conclusion, the court dismissed the petition, affirming the decision to set aside the penalty due to the lack of proper verification and documentation procedures.