2007 (4) TMI 657 - HC - VAT and Sales Tax

Summary

Issues:
1. Penalty under section 15A(1)(o) of the U.P. Trade Tax Act, 1948 for the assessment year 1988-89.

Analysis:
The case involved a revision under section 11 of the U.P. Trade Tax Act, 1948, challenging the penalty imposed under section 15A(1)(o) for the assessment year 1988-89. The applicant, a registered dealer in foodgrains, imported goods that were found to be different upon physical verification at the check-post. The assessing authority seized the goods and demanded security based on the estimated value. Subsequently, penalty proceedings were initiated under section 15A(1)(o), leading to a penalty of Rs. 16,000 being levied, which was later reduced to Rs. 10,000 by the Tribunal.

The applicant argued that the discrepancy in goods' description was due to inferior quality and not an attempt to evade tax. It was contended that all necessary documents were produced at the check-post, and no samples were taken for verification during assessment proceedings. The applicant maintained that the difference in opinion about the goods' nature did not imply tax evasion. The Standing Counsel supported the Tribunal's decision.

Upon review, the Court emphasized the purpose of declaration forms to inform the Department about transactions. It noted that despite the declaration and submission of relevant documents, no samples were taken by the Check-post Officer for assessment. The Court concluded that the Revenue failed to establish any intent to evade tax by the applicant. Therefore, in the absence of conclusive evidence, the penalty under section 15A(1)(o) could not be upheld. Consequently, the Court allowed the revision, setting aside the Tribunal's order and quashing the penalty imposed under section 15A(1)(o) of the Act for the assessment year 1988-89.