1995 (11) TMI 427 - HC - VAT and Sales Tax

Summary

Issues:
Application under section 44(2) of the M.P. General Sales Tax Act, 1958 for calling the reference from the Sales Tax Tribunal. Assessment period from July 1, 1979 to March 31, 1980. Imposition of penalty under section 43(1) of the Act. Dispute regarding the turnover and penalty amount. Tribunal's refusal to interfere with the penalty. Assessee's appeal for calling a reference under section 44(2) of the Act. Questions of law framed by the assessee.

Analysis:
The judgment pertains to an application under section 44(2) of the M.P. General Sales Tax Act, 1958, involving a dispute over the imposition of a penalty on the assessee by the Regional Assistant Commissioner of Sales Tax. The penalty of Rs. 3 lakhs was imposed under section 43(1) of the Act based on an enhanced turnover figure derived from information provided by M/s. Mahendra and Mahendra. The assessee contended that the penalty should not have been imposed as they had submitted a revised return, reducing the taxable turnover. The Tribunal, however, upheld the penalty, noting that it was lenient considering the circumstances, and declined to interfere with it.

The assessee raised several questions of law, including the justification for confirming the penalty despite filing returns before assessment, the impact of the managing partner's death and accountant's actions on the penalty imposition, the presence of mens rea for concealing turnover, and the legality of the penalty under section 43(1) of the Act. The Court observed that the false return filed by the assessee led to the concealment of turnover, justifying the penalty imposition. The Tribunal's decision to levy a penalty of 60% of the maximum possible penalty (150%) was considered appropriate given the circumstances.

The Court concluded that the questions raised by the assessee were predominantly factual in nature rather than legal. It was determined that the Tribunal had appropriately considered the facts and applied its discretion in imposing a penalty lower than the maximum allowed. Consequently, the Court rejected the application for calling a reference from the Tribunal, upholding the penalty imposed and dismissing the petition.

In summary, the judgment addresses the imposition of a penalty under the M.P. General Sales Tax Act, 1958, based on a disputed turnover amount, the Tribunal's refusal to interfere with the penalty, and the Court's decision to reject the application for calling a reference, deeming the questions raised as factual rather than legal in nature.