2016 (11) TMI 1196 - HC - VAT and Sales Tax

Imposition of penalty u/s 78 (5) of the Act - Held that - merits of the case not considered and decision reached, which is not permissible - penalty can be levied on the owner as well. Penalty imposed by AO is upheld - decided against Assessee.

Summary

Issues:
1. Imposition of penalty under Section 78 (5) of the Act based on contradictions found during inspection.
2. Interpretation of precedents by the Appellate Authorities in deleting the penalty.
3. Application of the Judgment of the Apex Court in reversing the decision of the Tax Board.

Analysis:
1. The case involved the imposition of a penalty under Section 78 (5) of the Act due to contradictions discovered during an inspection at the premises of M/s. Safe Express. The goods were sent from M/s. Wipro GE Medical System Ltd. to M/s. Dr. B.Lal Clinic Lab, leading to a show cause notice and subsequent penalty by the Assessing Officer.

2. The Deputy Commissioner (Appeals) and the Tax Board both considered the judgment of a Larger Bench in the case of ACTO, Flying Squad Vs. M/s. Bajrang Timber Mart, which held that penalties could not be imposed on the owner for incidents prior to a certain date. Despite the Revenue's appeals, the penalties were deleted based on this interpretation of the precedent.

3. The Revenue contended that the penalties were correctly imposed by the Assessing Officer based on contradictions, and that the Appellate Authorities erred in applying the precedent without considering the merits of the case. Referring to the Judgment of the Apex Court in the case of Assistant Commercial Taxes Officer Vs. Bajaj Electricals Ltd., which reversed the decision related to the imposition of penalties on owners, the Revenue argued that the order of the Tax Board should be reversed.

4. After considering the arguments and reviewing the case records, the High Court Judge found that the issue was squarely covered in favor of the Revenue based on the Judgment of the Apex Court in the case of Bajaj Electricals Ltd. Consequently, the High Court reversed and set aside the decision of the Tax Board, upholding the penalty imposed by the Assessing Officer. The appeal by the Revenue was allowed, and the penalty was upheld.