2006 (9) TMI 491 - HC - VAT and Sales Tax

Summary

Issues:
Levy of tax on the sale of rice under the Tamil Nadu General Sales Tax Act, imposition of penalty by assessing officers despite pending waiver proposal, applicability of Section 12(3)(b) and Section 16-B of the Act, contention of no intention to suppress turnover by petitioners, concealment of turnover, necessity of penalty imposition, and quashing of demand notice.

Analysis:
The judgment pertains to a dispute regarding the levy of tax on rice sales under the Tamil Nadu General Sales Tax Act. Initially exempted, rice became taxable at 2% from 27.03.2002, then exempt again from 28.10.2002. The issue involves the assessment and payment of tax during this period spanning two assessment years. Assessing officers imposed penalties under Section 12(3)(b) despite pending waiver proposals. Petitioners argued against penalty citing the Commissioner's instructions to assess and submit waiver proposals simultaneously.

The petitioners relied on Section 12(3)(b) Explanation (i) and Section 16-B of the Act, contending penalties shouldn't apply when assessments were based on filed returns and best judgment. The respondents' counter affidavit mentioned that demands were raised but became unenforceable due to waiver proposals. The court noted the absence of turnover concealment in the accounts and accepted the petitioners' stance that penalties were unjustified. The Assessing Officer's reliance on turnover without finding concealment supported this view.

The court emphasized that penalties were unwarranted given the absence of turnover concealment and the Commissioner's directive to assess and propose waivers concurrently. The judgment quashed the demand notices imposing penalties, clarifying that the waiver's fate rested with the government. The ruling didn't opine on the waiver's outcome. Ultimately, the court disposed of the writ petitions without costs, emphasizing the inapplicability of penalties in the given circumstances.