2009 (6) TMI 939 - HC - VAT and Sales Tax

Summary

Issues:
1. Challenge to revisionary order imposing penalty under Madhya Pradesh Commercial Tax Act, 1994.

Analysis:
The writ filed under Article 227 of the Constitution of India challenges the revisionary order affirming a penalty imposed by the assessing officer under the Madhya Pradesh Commercial Tax Act, 1994. The High Court, despite the absence of the petitioner, decided to review the case and hear the State counsel. The central issue was whether the penalty imposed on the petitioner was justified under the Act and whether the revisionary authority was correct in upholding it. The Court found that no case for the imposition of the penalty was established based on the facts presented, leading to the decision to quash the impugned orders.

The taxing authority penalized the petitioner for submitting form No. 86 instead of form No. 75 at the check-post, resulting in a penalty of Rs. 72,560. The Court referenced the principle established by the Supreme Court in Hindustan Steel Ltd. v. State of Orissa, emphasizing that not every breach of a penal provision in a taxing statute warrants a penalty. The Court highlighted that more than a technical or venial breach is required to justify imposing a penalty, such as evidence of the assessee's intent to evade tax through illegal means like false declarations or forged documents. In this case, the Court found that the breach committed by the petitioner did not meet the threshold for penalty imposition as there was no evidence of intent to avoid tax or explanation for the submission of the wrong form.

The High Court concluded that the authorities below failed to establish any factual findings against the petitioner regarding tax evasion intent or the reasons behind the submission of incorrect forms. Therefore, the Court disagreed with the reasoning and conclusions of the lower authorities. Consequently, the petition was allowed, the impugned orders were set aside, and the penalty imposed on the petitioner was quashed. The judgment did not impose any costs on either party, bringing the matter to a close.