2012 (11) TMI 371 - HC - VAT and Sales Tax

Penalty under section 10A of the Central Sales Tax Act on the opposite party-dealer in respect of the purchase of cable and light fittings against form C alleged that while issuing form C for purchase of the aforesaid goods, the opposite party-dealer wrongly declared that it was authorized under its certificate of registration under the Central Sales Tax Act, 1956, to purchase the said goods against form C Held that - Treated cables and light fittings as covered under the items mentioned in the registration certificate, but such observations when read in the light of the entire order show that the Tribunal was of the view that the word consumbers as used in the registration certificate could be given interpretation as including cables and light fittings meant for light work in execution of works contract, and therefore, the belief of the opposite party-dealer that the cables and light fittings imported by the opposite party-dealer were covered under its registration certificate, was bona fide belief - opposite party-dealer made the representation under bona fide belief that the goods in question were covered under its registration certificate - Trade Tax Tribunal was legally justified in quashing the penalty order passed under section 10A of the Central Sales Tax Act, 1956

Issues Involved:
1. Legality of the Trade Tax Tribunal's decision to quash the penalty order under section 10A of the Central Sales Tax Act, 1956.
2. Interpretation of "false representation" and "mens rea" under section 10(b) and section 10A of the Central Sales Tax Act, 1956.

Detailed Analysis:

1. Legality of the Trade Tax Tribunal's Decision:
The present revision was filed against the judgment of the Trade Tax Tribunal, Moradabad, which set aside the penalty imposed under section 10A of the Central Sales Tax Act, 1956. The penalty was initially imposed on the opposite-party-dealer for purchasing cables and light fittings against form C, which were allegedly not covered under the dealer's registration certificate.

2. Interpretation of "False Representation" and "Mens Rea":
The primary issue revolved around whether the opposite-party-dealer made a "false representation" knowingly, thus justifying the penalty under section 10A read with section 10(b) of the Central Sales Tax Act, 1956. The court examined the following relevant legal provisions and judicial precedents:

Section 10 and Section 10A of the Central Sales Tax Act, 1956:
- Section 10(b) penalizes a registered dealer who "falsely represents" that certain goods are covered by their registration certificate.
- Section 10A allows for the imposition of a penalty in lieu of prosecution if the dealer is guilty of an offense under section 10(b).

Judicial Precedents:
- State of Rajasthan v. Jaipur Udyog Limited: A dealer can be penalized under section 10(b) if it is shown that they made a false representation.
- Commissioner of Sales Tax v. Rama and Sons, General Merchant, Ballia: The court emphasized that "false representation" does not require independent proof of mens rea; the falsehood itself suffices.
- Commissioner of Sales Tax, U.P., Lucknow v. Kashi Prasad Ram Chandra Lal: The word "falsely" implies a deliberate act done knowingly.
- Sanjiv Fabrics v. Commissioner of Sales Tax, U.P., Lucknow: Differentiates between "false representation" and "wrong representation," emphasizing that false representation involves knowing and deliberate misrepresentation.
- Commissioner of Trade Tax v. Bisheshwar Nath Mool Chand, Kanpur: For penalty under section 10A, the assessing authority must establish that the dealer knowingly made a false representation.
- Commissioner, Sales Tax v. Bhawani Paper Mills Ltd., Allahabad: The term "false representation" requires an overt act with an element of mens rea.
- Indian Farmers Fertilizer Co-operative Limited, Bareilly v. Commissioner of Trade Tax, U.P., Lucknow: A bona fide belief that the goods are covered by the registration certificate negates the imposition of a penalty under section 10A.
- Commissioner of Trade Tax v. Prem Agriculture Implements: Mens rea is essential for imposing a penalty under section 10A.

Findings of the Tribunal:
The Tribunal found that the opposite-party-dealer imported cables and light fittings under the bona fide belief that these items were covered under the term "consumbers" in their registration certificate. The Tribunal held that there was no mala fide intention or mens rea on the part of the dealer.

Conclusion:
The court concluded that the Trade Tax Tribunal was legally justified in quashing the penalty order. The Tribunal's finding that the dealer acted under a bona fide belief was upheld, and no mens rea was established. Thus, the revision filed by the Department was dismissed.

← Previous Next →