9911796707
TMI Blog2019 (2) TMI 1476X X X X Extracts X X X X X X X X Extracts X X X X ..... ng not been shown in the records. The proceedings hence was under Section 45A, where the penalty could extent to twice the amount of tax sought to be evaded. The assessee had not paid over the tax to the State despite collecting. The deposit in lieu of tax was a device employed to deprive the State of the tax; when already collected by the seller. If at all the assessee was absolved from such liability there could have been a refund sought either by the assessee or by the person who suffered tax; producing evidence of refund having been made to the purchaser and in the latter case producing evidence of payment of tax having been effected. There can be no further modification on the quantum of the penalty - appeal dismissed. - WA.No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal in Civil Appeal Number 11351/2009 and connected matters. 3. The penalty as imposed in the present case, however, does not revolve on the final decision of the Hon'ble Supreme Court at all. The subject assessment year is when this Court had held in favour of the assessee. Presumably because of the matter pending before this Court; the assessee collected a deposit from the person with whom they entered into an agreement for purchase of rubber trees after felling them. This was to satisfy the liability to tax, if at all the issue was held against the assessee, in the pending cases. The deposit so accepted, is in purported collection of tax. The Assessing Officer thus found the return to be incorrect and directed the amounts so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen the assessee had specifically collected the tax, the returns could not have been filed showing no tax on the sale effected since, there was definitely collection of tax. The assesse ought not to have created a device of deposit with itself. On collection of amounts as tax, the same should have been paid to the Government and refund claimed when there is a decision in favour of the assessees exonerating such liability. 7. We perfectly agree with the learned Single Judge insofar as the finding that the assessee is liable to be imposed with penalty. From the agreement; which we see from the records made available by the learned Government Pleader across the Bar, the collection has been made in lieu of tax. When such collection was made ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
