1977 (6) TMI 85 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment of suppressed turnover and penalty imposition based on anamath records.
2. Appeal against addition to assessment and penalty reduction.
3. Tribunal's decision to delete the penalty based on lack of specific finding of wilfulness.
4. Interpretation of "suppression" as implying wilful non-disclosure for penalty imposition.

Analysis:
The case involved an assessee dealing in aluminium and eversilver vessels, assessed for a taxable turnover of Rs. 6,53,349.75 for the year 1966-67. An inspection revealed discrepancies between anamath records and regular accounts, indicating a suppression of 6,7,14 kgs. of aluminium vessels, leading to an addition of Rs. 40,284 to the assessment under section 16 of the Tamil Nadu General Sales Tax Act, along with a penalty of Rs. 500.

The assessee appealed, resulting in the Appellate Assistant Commissioner upholding the addition and reducing the penalty to Rs. 250. Subsequently, the Sales Tax Appellate Tribunal confirmed the addition but deleted the penalty, citing the absence of a specific finding of wilfulness in the assessing officer's report. This prompted the State to file a tax revision case challenging the deletion of the penalty.

The court deliberated on the interpretation of "suppression" in relation to wilful non-disclosure for penalty imposition. It referenced a previous judgment and concluded that the use of "suppression" inherently implied wilful non-disclosure, distinguishing it from mere omission. As such, the court held that the penalty was justified based on the finding of suppression, overturning the Tribunal's decision and restoring the penalty imposed by the Appellate Assistant Commissioner.

In light of the court's interpretation, the revision petition was allowed, and the penalty was reinstated. The judgment emphasized that the use of "suppression" indicated wilful non-disclosure, justifying the penalty imposition.