1997 (6) TMI 341 - HC - VAT and Sales Tax

Summary

Issues:
Violation of statutory provisions regarding the movement of goods without Form 39 under the Karnataka Sales Tax Act, 1957.

Detailed Analysis:
The case involved a revision against an order passed by the Additional Commissioner of Commercial Taxes under the suo motu revisional power conferred by section 22A(1) of the Karnataka Sales Tax Act, 1957. The appellant, a registered dealer, had purchased electronic goods and was transporting them from Cochin to Bangalore. The goods were intercepted at a check-post in Bangalore, leading to the imposition of a penalty for not accompanying the consignment with the prescribed statutory form No. 39. Despite producing relevant documents, a penalty was levied under section 28A(4) of the Act. The penalty order was initially set aside by the Deputy Commissioner of Commercial Taxes, but the Additional Commissioner reinstated it, citing the lack of Form 39 during the movement of goods to Doddaballapur from Bangalore.

Subsequently, the matter was brought before the High Court, where it was argued that though there was a technical violation of not using Form 39, the imposition of penalty required proof of a guilty intention on the part of the assessee. Citing the precedent set by the Supreme Court in Hindustan Steel Ltd. v. State of Orissa, it was emphasized that penalties should not be imposed unless there is deliberate defiance of the law or contumacious conduct. The Court highlighted that penalty imposition is a quasi-criminal proceeding and should be based on a party's conscious disregard of its obligation.

Considering the facts presented, the High Court found that there was no evidence of intentional evasion of tax or any contumacious behavior on the part of the appellant. Therefore, the Court set aside the impugned order and allowed the appeal, ruling in favor of the appellant. The judgment emphasized the importance of proving a guilty intention before imposing penalties under taxing statutes and exercised judicial discretion in favor of the appellant, ultimately allowing the appeal without costs.