2009 (1) TMI 832 - AT - VAT and Sales Tax

Summary

Issues:
Challenge against penalty imposed under section 80(6) of the West Bengal Value Added Tax Act, 2003 for incomplete endorsement on a transit declaration.

Analysis:
The petitioner, a transporter, challenged a penalty imposed by the Sales Tax Officer under section 80(6) of the VAT Act for incomplete endorsement on a transit declaration. The petitioner transported goods through West Bengal for Tata Motors Limited, Guwahati. The transit declaration was not endorsed by the Barovisa check-post authorities, leading to the penalty imposition. The petitioner's explanation was rejected based on this ground, resulting in a penalty of 25% on the consignment value of Rs. 26,33,836.80.

The petitioner contended that the goods were delivered to the destination, and the transit declaration did bear an endorsement from Barovisa check-post, indicating compliance. The petitioner argued that the penalty was unjustified as the authorities at the check-post did not demand additional documents or specify the need for further endorsement. The petitioner sought to set aside the orders of penalty imposition issued by the authorities.

During the hearing, the State Representative admitted that the check-post patrolman provided the endorsement number and did not dispute the goods' exit from West Bengal through Barovisa check-post. The Tribunal observed that the incomplete endorsement on the transit declaration was not the petitioner's fault, and the check-post authorities should have been more diligent. Considering the circumstances, the Tribunal concluded that the penalty imposition was unwarranted, and all challenged orders were set aside, disposing of the petition without costs.

In agreement with the detailed analysis provided by the Technical Member, the Chairman confirmed the decision to set aside the penalty imposition orders. The judgment emphasized the lack of fault on the petitioner's part regarding the incomplete endorsement and highlighted the importance of vigilance by check-post authorities in such situations. The Chairman's concurrence finalized the disposal of the petition, reflecting a just outcome in favor of the transporter challenging the penalty under the VAT Act.