1991 (10) TMI 307 - HC - VAT and Sales Tax

Summary

Issues:
Violation of Section 28-B of the U. P. Sales Tax Act - Non-surrender of transit passes at exit check post - Penalties levied under Section 13-A (1) (q) - Authenticity of departmental records - Burden of proof on assessees.

Analysis:

1. The assessees, owners of trucks engaged in transporting goods, were issued Form No. 34 from the Sales Tax check post. The transit pass in Form 34 had to be surrendered at the exit check post, Saiyan. Failure to surrender the second and third copies of the transit passes and non-entry in Panji-4 led to penalties under Section 13-A (1) (q) for violating Section 28-B of the U. P. Sales Tax Act.

2. The Sales Tax Tribunal, in a common order, overturned penalties imposed by the lower authorities citing insufficient grounds. The Tribunal's decision was appealed by the Commissioner of Sales Tax, U. P., alleging errors in law and misinterpretation of facts.

3. The Tribunal's finding that the assessees were not liable for penalties was challenged based on the interpretation of Section 28-B. Even if the assessees were transporters, they were still accountable under the Act. The Tribunal's decision was deemed erroneous by the Court.

4. The first appellate authority had detailed findings against the assessees, including inconsistencies in the records, overwriting, and manipulations in Panji-4. The Tribunal's dismissal of these findings based on the authenticity of departmental records was deemed incorrect.

5. The Court emphasized that the burden of proof lies with the assessees to demonstrate that goods exited the State, as per Section 28-B. The Tribunal's failure to consider this legal requirement and the evidence of forged records by the assessees led to the decision to set aside the Tribunal's order.

6. The Court allowed all 99 revisions filed by the Commissioner of Sales Tax, U. P., Lucknow, setting aside the Tribunal's decision and upholding the penalties imposed on the assessees. Costs were awarded to the Commissioner.