1995 (4) TMI 272 - HC - VAT and Sales Tax

Summary

Issues:
1. Misuse of C forms by the assessee leading to penalty under section 10(d) of the Act.
2. Review petition filed by the assessee under section 36(6)(a) of the Tamil Nadu General Sales Tax Act, 1959, to reduce the penalty.
3. Dispute over the Tribunal's decision to entertain the review petition.

Detailed Analysis:

1. The judgment revolves around the misuse of C forms by the assessee, a registered dealer under the Central Sales Tax Act, in the sale of cotton yarn. The assessee falsely represented the purchase of cotton for manufacturing as resale by issuing C forms. This misuse led to a penalty under section 10(d) of the Act, initially set at Rs. 12,705. The penalty was confirmed by the Appellate Assistant Commissioner and upheld by the Tribunal.

2. Subsequently, the assessee filed a review petition under section 36(6)(a) of the Tamil Nadu General Sales Tax Act, 1959. The review petition was based on a certificate from the buyer of the cotton and an amended registration certificate allowing resale of the purchased cotton. The Tribunal, considering these new aspects and the tax paid by the buyer, reduced the penalty to Rs. 3,200. This reduction led the department to challenge the Tribunal's decision through a revision petition before the High Court.

3. The dispute before the High Court centered on the Tribunal's authority to entertain the review petition filed by the assessee. The department argued that no new facts were presented in the review petition that warranted a revision of the earlier decision. The department contended that the assessee was aware of the buyer's utilization of the cotton even before the original order was passed. The department further asserted that the subsequent amendment to the registration certificate did not justify a review.

4. In contrast, the assessee argued that the cotton sold was indeed used for manufacturing yarn, and the amendment to the registration certificate allowing resale was obtained after due diligence. The assessee maintained that the Tribunal was correct in reviewing its order to reduce the penalty based on the new information presented.

5. The High Court analyzed the facts and legal provisions in detail. It noted that the assessee was aware of the buyer's utilization of the cotton at the time of the original order and that the amended registration certificate was obtained post the Tribunal's decision confirming the penalty. Citing precedent, the Court emphasized that for a review petition under section 36(6) of the Act, new and important facts discovered must be after due diligence and not within the applicant's knowledge at the time of the original order. Since the conditions for a review were not met, the Court held that the Tribunal erred in revising its earlier decision. Consequently, the High Court set aside the Tribunal's order on the review petition and reinstated the original penalty.

6. Ultimately, the High Court allowed the revision petition of the department, leading to the restoration of the penalty at the initial amount of Rs. 12,705. The Court concluded the judgment by stating that the Tribunal's decision to entertain the review petition was incorrect, and no costs were awarded in the matter.