2016 (9) TMI 23 - SC - VAT and Sales Tax

Imposition of penalty inspection of a vehicle at the checkpost - driver produced incomplete ST-18A Form on the seller / consignor s side blank form sent by the seller no intention to evade tax seizure - Section 78(2) of the Rajasthan Sales Tax Act 1994 read with Rule 53 of the Rajasthan Sales Tax Rules Held that - the issue involved is no more res integra and is covered in favour of the Revenue by the judgment of this Court in M/s. Guljag Industries v. Commercial Taxes Officer 2007 (8) TMI 344 - SUPREME Court appeal allowed decided in favor of Revenue

Summary

Issues Involved:
Violation of Section 78(2) of the Rajasthan Sales Tax Act, 1994 - Penalty imposition - Intent to evade tax - Accountability of respondent - Appeal process - Judicial review.

Detailed Analysis:

1. Violation of Section 78(2) of the Rajasthan Sales Tax Act, 1994:
The appellant conducted an inspection at a check post and found a vehicle transporting plywood with an incomplete ST-18A Form. This led to the seizure of goods and imposition of a penalty under the Act. The key issue was whether there was a violation of Section 78(2) of the Rajasthan Sales Tax Act, 1994, and if the penalty was rightfully imposed.

2. Penalty Imposition - Intent to Evade Tax:
The appellate authority held that the appellant failed to prove the respondent's intention to evade tax, as the seller/trader had sent a blank form, making the respondent not accountable for the incomplete form. The question arose regarding the necessity of proving intent to evade tax for imposing penalties under the Act.

3. Accountability of Respondent - Appeal Process:
Upon the appellant's appeal to the Rajasthan Tax Board, it was argued that the respondent had completed all formalities at their end, and the fault lay with the consignor. The Board upheld the appellate authority's decision, emphasizing that the respondent cannot be penalized for the consignor's lapse. The issue of accountability and the appeal process's role in determining penalties were crucial.

4. Judicial Review - High Court's Decision:
The appellant filed a revision petition before the High Court, challenging the lower authorities' decisions. The High Court, in its impugned order, dismissed the revision petition, emphasizing the absence of malafide intention by the respondent to evade tax or defraud revenue. The High Court upheld the lower authorities' findings, prompting a judicial review of the case.

5. Precedent - Judicial Interpretation:
In the final judgment, the Supreme Court referred to the precedent set in the case of 'M/s. Guljag Industries v. Commercial Taxes Officer' [2007 (7) SCC 269], where a similar issue was addressed. The Court found that the issue at hand was no longer res integra and was already decided in favor of the Revenue in the mentioned case, leading to the allowance of the appeal and setting aside the High Court's order.

In conclusion, the judgment delved into various aspects, including the violation of tax laws, intent to evade tax, accountability of parties, the appellate process, and the significance of judicial review. The decision was based on a combination of legal interpretations, precedents, and the specific circumstances of the case, ultimately resulting in the setting aside of the High Court's order in favor of the Revenue.