9911796707
TMI Blog1996 (7) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... l Cases Nos. 25 of 1982 (Central) (period 1st September, 1971 to 31st August, 1972), 100 of 1984 (Central) (period 1st September, 1975 to 31st August, 1976), 99 of 1984 (Central) (period 1st September, 1976 to 31st August, 1977), 101 of 1984 (Central) (period 1st September, 1973 to 31st August, 1974) and 18 of 1984 (Central) (period 1st September, 1974 to 31st August, 1975) respectively on applications presented by the assessee under section 44 of the Madhya Pradesh General Sales Tax Act, 1958 (State Act) and section 9(2) of the Central Sales Tax Act, 1956 (Central Act) and registered as references Nos. 6-I/88, 7-I/88, 8-I/88, 9-I/88 and 10-I/88, for our opinion: (1) Whether, on the facts and in the circumstances of the case, the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dealer the wrongful gain which he made by withholding the tax due. It is approximately equal to the commercial cost of borrowing money. There is hardly any punitive ingredient in such a penalty and I find absolutely no reason why the dealer should not make good to the State the loss which he wrongfully causes by withholding the tax due and payable. Any contention to the contrary is not only untenable in view of the provisions of section 22(4-A) of the State Act but also on considerations of equity. The appeals are, therefore, dismissed. 4.. He has submitted that the Tribunal has not recorded its own consideration and opinion on the points referred to this Court. According to him the Tribunal was under obligation to express its opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee does not press these references in this Court, this Court is not required to answer the questions. He also submitted that if the applicant files an application for review or for any other remedy before the Tribunal, the non-applicant should be granted liberty to contest the same in conformity with law. 8.. In (1993) MPLJ 462 (Jamunadas v. Commissioner of Sales Tax) it is held that the court is not under obligation to answer the questions if the party at whose instance references are made does not enable the hearing of the references. This logic is extendable also to a position where the applicant chooses to remain present but elects not to press the references on any sufficient ground. 9.. In view of the prayer made before us an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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