2014 (3) TMI 272 - HC - VAT and Sales Tax

Levy of Tax U/s-7A - Imposition of penalty - Discrepancy in stock - Held that - order of the Joint Commissioner does not warrant any interference. It is seen that based on the results obtained in the inspection of the place of business, the Assessing Officer made a best assessment. The Appellate Assistant Commissioner deleted the additions and penalty which was suo motu reviewed by the Joint Commissioner after calling for objections from the assessee. The Joint Commissioner, finding contradictions in the statement of the assessee at the time of inspection and the reply to the pre-assessment notice, rightly imposed further addition towards probable omission and confirmed the levy of penalty in respect of stock variation - Decided against assessee.

Summary

Issues:
1. Revision of order by Joint Commissioner based on inspection report
2. Rejection of appellant's explanation following departmental circular
3. Levying Tax U/s-7A
4. Sustaining penalty without proving guilt

Revision of order by Joint Commissioner based on inspection report:
The appeal was filed against the Joint Commissioner's order revising the Appellate Assistant Commissioner's decision. The Joint Commissioner based the revision on discrepancies found during a surprise inspection at the assessee's place of business, specifically regarding excess stock of stainless steel. The assessee argued that certain purchase bills were not considered during the inspection, leading to a lower stock variation than initially assessed. Despite the Appellate Assistant Commissioner's deletion of additions and penalty, the Joint Commissioner, after reviewing objections and evidence, imposed further additions for probable omissions and confirmed the penalty for stock variation. The High Court upheld the Joint Commissioner's decision, noting contradictions in the assessee's statements and justifying the additional assessment and penalty.

Rejection of appellant's explanation following departmental circular:
The Joint Commissioner rejected the appellant's explanation, citing a departmental circular, and levied Tax U/s-7A. The assessee contended that the circular was wrongly applied, but the Joint Commissioner upheld the decision after considering the contradictory statements made by the assessee during inspection and in response to the pre-assessment notice. The High Court found the Joint Commissioner's actions reasonable and declined to interfere with the decision.

Levying Tax U/s-7A:
The Joint Commissioner justified the levy of Tax U/s-7A based on the assessee's activities involving stainless steel patta and manufacturing of stainless steel vessels. Additionally, the Joint Commissioner imposed further additions and confirmed the penalty for stock variation. Despite the appellant's objections, the High Court upheld the decision, emphasizing the importance of maintaining consistency in statements and records to avoid discrepancies in assessments.

Sustaining penalty without proving guilt:
The Appellate Assistant Commissioner had deleted the penalty levied under Section 12(3) of the Act, citing lower stock variation. However, the Joint Commissioner, upon review, imposed a penalty considering the contradictions in the assessee's statements and evidence. The High Court supported the Joint Commissioner's decision, acknowledging the need for penalties in cases of significant stock variations and affirming the imposition of a penalty to ensure compliance with tax regulations.

In conclusion, the High Court dismissed the Tax Case Revision, upholding the Joint Commissioner's order and emphasizing the importance of maintaining accurate records and providing consistent explanations to avoid discrepancies in tax assessments.