2010 (8) TMI 835 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of provisions under the Haryana Value Added Tax Act, 2003.
2. Application of penalty under section 37(6) for alleged tax evasion.
3. Rejection of plea based on lack of documentary evidence for export transactions.

Analysis:
The judgment pertains to a petition filed under section 36(2) of the Haryana Value Added Tax Act, 2003, seeking a mandamus to refer substantial questions of law arising from an order of the Haryana Tax Tribunal. The petitioner's trucks were intercepted while transporting rice without required documents under the 1973 Act, leading to penalty proceedings for alleged tax evasion. The Tribunal upheld the penalty, rejecting the petitioner's plea that the goods were meant for export to M/s. Doon Valley Rice Ltd., Karnal, hence no tax evasion was intended. The Tribunal found the petitioner's version unsupported by documents and deemed the explanation as an afterthought. The Tribunal also applied section 37(6) presumption due to the absence of reliable evidence rebutting it.

The petitioner contended that despite lacking documents during transportation, there was evidence indicating the goods were for export, thus no tax evasion was intended. However, the court did not accept this argument, upholding the Tribunal's decision based on concurrent rejection of the plea by statutory authorities. The court emphasized that the rejection was a factual finding, not overlooking any material or misapplication of law. The absence of documents during transportation led to the rejection of the petitioner's claim, indicating a plausible perspective. Consequently, the court concluded that no substantial question of law arose from the case, resulting in the dismissal of the petition.