2000 (2) TMI 821 - HC - VAT and Sales Tax

Summary

Issues:
Jurisdiction of assessing authority to levy penalty under section 7-A(2) of the Andhra Pradesh General Sales Tax Act, 1957.

Analysis:
The petitioner challenged penalty orders issued by the second respondent for the years 1991-92 and 1992-93 under section 7-A(2) of the Andhra Pradesh General Sales Tax Act, 1957, alleging the use of fake bills and fabricated entries. The assessing authority, as defined by the Act, is the only entity authorized to exercise power under section 7-A(2). The Deputy Commissioner, while empowered to reassess under section 14(4), does not fall under the definition of the assessing authority. The power to levy penalties under section 7-A(2) is distinct from penalties under section 14, and only the assessing authority can impose penalties under section 7-A(2). Therefore, the penalty orders issued by the second respondent are deemed without jurisdiction.

Moreover, if the Deputy Commissioner were considered to have the authority to levy penalties under section 7-A(2), the absence of an appeal provision against such orders would leave the assessee without a remedy. The legislative intent does not support the Deputy Commissioner assuming the assessing authority's powers under section 7-A(2). Consequently, the court held that the penalty orders were beyond the second respondent's competence and jurisdiction, leading to their quashing.

The court emphasized that while the impugned penalty orders were quashed, the competent authority could pursue the matter further in accordance with the law. The writ petition was allowed without costs, providing a resolution to the jurisdictional issue surrounding the imposition of penalties under section 7-A(2) of the Act.