2022 (3) TMI 631 - HC - VAT and Sales Tax

Concessional rate of tax - purchase of agri films and cement on issuance of form 'C' declaration from other State dealers - levy of penalty at 150% of the tax due under section 10A of the CST Act - HELD THAT - The petitioner had violated the provisions of the CST Act and the levy of penalty by the third respondent is correct. Accordingly, it set aside the order of the second respondent / Appellate Authority and restored the order of the third respondent / Registering Authority. In the light of the admitted fact that the petitioner had purchased the goods that are not covered under the Form B registration certificate issued to them, at the concessional rate against issuance of form 'C' declaration, this court has no hesitation to hold that they had violated the provisions of the CST Act, thereby attracting penalty under section 10A of the CST Act. The first respondent has rightly rendered such a clear cut finding for levying penalty on the petitioner, which warrants no interference by this court. As regards the quantum of penalty @ 150% of the tax due, having regard to the facts and circumstances of the case, it will be fair and just, if the penalty is levied at 100%, instead of 150%. Accordingly, this court reduces the penalty imposed on the petitioner to 100% from 150% of the tax due. The order of the Tribunal is modified to that extent. Petition disposed off.

Summary

Issues:
Challenge to order of Tamil Nadu Sales Tax Appellate Tribunal regarding penalty under section 10A of CST Act.

Detailed Analysis:

1. Background: The petitioner, a registered dealer under TNGST and CST Acts, purchased agri films and cement using form 'C' declaration for construction of plant and machinery during the assessment year 1998-99. The third respondent alleged that the petitioner was not eligible for concessional tax rate as the purchased materials were not included in their registration certificate.

2. Appellate Proceedings: The petitioner appealed the assessment order to the Appellate Assistant Commissioner, who set aside the penalty. However, the State appealed to the Tamil Nadu Sales Tax Appellate Tribunal, which reversed the decision and upheld the penalty.

3. Petitioner's Argument: The petitioner contended that they purchased the goods in good faith under the belief that they were entitled to concessional rates. They argued that there was no 'mens rea' element for penalty under section 10A of the Act.

4. Respondents' Argument: The Additional Government Pleader defended the Tribunal's decision, stating that the penalty was correctly imposed after considering all facts and circumstances.

5. Court's Analysis: The Court observed that the petitioner violated CST Act by purchasing goods not covered in their registration certificate, leading to misuse of form 'C' declaration. The Tribunal's findings highlighted the discrepancy between purchased goods and authorized items in the registration certificate.

6. Judicial Findings: The Appellate Authority initially set aside the penalty, but the Tribunal reinstated it, emphasizing the violation of CST Act by the petitioner. The Court agreed with the Tribunal's decision on penalty imposition.

7. Decision: The Court upheld the penalty but reduced it from 150% to 100% of the tax due, considering the circumstances. The Tribunal's order was modified accordingly, and the writ petition was disposed of without costs.

This detailed analysis covers the background, arguments, judicial findings, and final decision regarding the challenge to the penalty under section 10A of the CST Act as per the Madras High Court judgment.