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Issues involved:
The correctness of the Tribunal's order in upholding the assessing officer's decision regarding tax recoupment of controlled commodity u/s 22(1) of the Tamil Nadu General Sales Tax Act, 1959, read with section 9(2) of the Central Sales Tax Act, 1956. Details of the Judgment: Assessment of Turnover: The assessee, a registered dealer in pharmaceutical business, reported total and taxable turnover for the assessment year 1997-98. The assessing officer determined the turnover and imposed a penalty under section 22(2) of the TNGST Act. The petitioners argued that the collection amount towards tax already suffered under the Act for goods controlled by law should not be considered as excess collection. However, this explanation was not accepted by any authority, including the Tribunal. Contention of the Petitioner: The petitioner's counsel reiterated that excess collection should not be deemed a violation of section 22 of the TNGST Act, and therefore, penalty under section 22(2) should not apply, especially for commodities controlled by separate laws. Court's Analysis: The court examined section 22(2) of the TNGST Act, which allows penalties for collecting amounts as tax in contravention of the law. The provision specifies penalties based on whether the excess amount was collected in good faith or willfully. Any unauthorized collection is considered a violation under section 22, and the amount must be recovered as a penalty under the Act, in line with constitutional principles that tax collection must be authorized by law. Decision: The court dismissed the revision, emphasizing that unauthorized collections are violations under the TNGST Act, and penalties are applicable for such actions. No costs were awarded in this matter.
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