1987 (7) TMI 538 - HC - VAT and Sales Tax

Penalties upheld for non-filing and false returns under Sales Tax Act

The High Court held that penalties were justified for both non-filing of returns and filing false returns under the M.P. General Sales Tax Act, 1958. The ... - Issues:1. Interpretation of penalty provisions under the M.P. General Sales Tax Act, 1958.2. Justification for imposing penalties for non-filing of returns and filing false returns.3. Tribunal's authority to levy penalties under different sections of the Act.Analysis:The case involved a reference to the High Court by the Tribunal under section 44(1) of the M.P. General Sales Tax Act, 1958, regarding the imposition of penalties on a dealer for not filing returns and filing a false return. The Sales Tax Officer had imposed penalties for non-filing of returns and filing a false return for different quarters. The Appellate Assistant Commissioner upheld the penalties, with a minor reduction in tax amount. The Tribunal, however, concluded that since a penalty for non-filing of returns was already imposed, no additional penalty should be levied for filing a false return. The High Court observed that the Tribunal erred in its interpretation, as the penalty under section 43(1) was for filing a false return, not for non-filing of returns. The Court reframed the question and held that penalties were justified for both non-filing of returns and filing a false return.The High Court referred to the Supreme Court decision in Narain Swadeshi Weaving Mills v. Commissioner of Excess Profits Tax [1954] 26 ITR 765 to support its decision. The Court emphasized that penalties should be imposed for each violation separately, i.e., for not filing returns and for filing a false return. Therefore, the Tribunal was not justified in holding that no penalty under section 43(1) could be levied for filing a false return, especially when the dealer had also failed to file returns for multiple quarters. The Court concluded that penalties were warranted for both instances of non-compliance with the Act.In conclusion, the High Court answered the reframed question in the negative, stating that the Tribunal was not justified in its decision to waive the penalty under section 43(1) for filing a false return. The Court affirmed that penalties should be imposed for each violation separately, as per the provisions of the M.P. General Sales Tax Act, 1958.