2004 (9) TMI 629 - HC - VAT and Sales Tax

Summary

Issues:
1. Application for exemption from sales tax for food and drinks turnover.
2. Imposition of penalty under section 12(5)(iii) of the TNGST Act.
3. Rejection of application under section 16B for waiver of penalty.
4. Compliance with conditions for reduction or waiver of penalty under section 16B.
5. Lack of reasoning in the order of the Commissioner.
6. Exercise of discretion by the Commissioner.
7. Legal principles governing the exercise of statutory powers.

Analysis:
1. The petitioner, a co-operative society running a canteen, applied for exemption from sales tax for food and drinks turnover. The Government granted such exemption to another society, presupposing the petitioner's pending application during the relevant assessment year.
2. Penalty of Rs. 3,58,537 was levied under section 12(5)(iii) of the TNGST Act due to belated tax payment on food and drinks turnover.
3. The petitioner filed an application under section 16B for waiver of penalty, which was rejected by the Commissioner for non-compliance with conditions.
4. The conditions for reduction or waiver of penalty under section 16B include full disclosure of turnover, cooperation in inquiries, and payment of taxes. The Commissioner's order lacked specifics on non-compliance by the petitioner.
5. The High Court noted the non-speaking nature of the Commissioner's order, emphasizing the need for reasons to support decisions, as per legal principles.
6. The discretion vested in the Commissioner must be judicially exercised, ensuring compliance with statutory conditions and providing a reasoned order.
7. Citing established legal principles, the Court set aside the order and directed the Commissioner to reconsider the matter, emphasizing the need for a speaking order within a specified timeframe to ensure adherence to the law.