2010 (1) TMI 1225 - HC - VAT and Sales Tax

Summary

Issues involved: Interpretation of Section 78(5) of the Act regarding penalty imposition for absence of Form No.ST 18A with goods in transit.

Summary:
The High Court of Rajasthan heard a revision petition filed by the Revenue challenging the Tax Board's order rejecting the appeal of the Revenue. The Tax Board had ruled that since the goods in transit, specifically Polyester Filaments Fibre, were not listed as goods requiring Form No.ST 18A, no penalty under Section 78(5) of the Act could be imposed for the absence of the form. Both the Appellate Authorities concurred in setting aside the penalty, emphasizing that the goods in question were not notified goods, thus no penalty could be imposed. The Court, after considering the arguments and the lower authorities' judgments, found no legal question for the Revenue under Section 86 of the RST Act, 1994. It was concluded that without a legal requirement for the form, no penalty could be imposed on the respondent-assessee for its absence during the transit check. The Court dismissed the revision petition, upholding the decision of the lower authorities.

In essence, the judgment clarified that penal consequences can only arise for a breach of a legal requirement, and in the absence of such a requirement, no penalty can be imposed. The Court's decision was based on the lack of necessity for Form No.ST 18A with the goods in question during transit, leading to the dismissal of the Revenue's revision petition.