1990 (8) TMI 353 - HC - VAT and Sales Tax

Penalty upheld for transporting goods without required form. Compliance with tax regulations stressed.

NV. Bagi Versus Commissioner of Commercial Taxes in Karnataka

NV. Bagi Versus Commissioner of Commercial Taxes in Karnataka - [1991] 83 STC 449 (Kar) Issues:1. Levy of penalty under section 28-A of the Karnataka Sales Tax Act, 1957.2. Compliance with rules of natural justice in imposing the penalty.Analysis:The judgment pertains to a revision petition challenging the imposition of a penalty under section 28-A of the Karnataka Sales Tax Act, 1957. The appellant, a registered dealer, was transporting goods within Belgaum city limits and was found with an incomplete form No. 39, required under the Act. The penalty was proposed, confirmed, and collected on the same date. The appellant filed appeals before the Deputy Commissioner and the Karnataka Appellate Tribunal, both of which upheld the penalty. The revision petition raised questions regarding the legality and justification of the penalty.The Court noted that the prescribed form 39 was incomplete, lacking essential details, and the appellant failed to provide evidence that the goods had been taxed under the Act. The penalty was imposed after due show cause notice and consideration of the appellant's response. The appellant's argument regarding the lack of a proper hearing opportunity and the authority of the Inspecting Officer to impose the penalty was dismissed by the Court.The Court emphasized that under sub-section (4) of section 28-A, the specified officer can impose the penalty at the time of checking, ensuring compliance with rules of natural justice. The provision aims to prevent tax evasion, and strict construction in favor of enforcement is warranted. The Court found no violation of natural justice rules, stating that sometimes penalties can be imposed first, with a hearing to follow, which suffices as fair treatment. The appellant had ample opportunities to present their case before the authorities and failed to provide evidence of tax payment on the goods.Ultimately, the Court upheld the orders of the appellate authorities, dismissing the revision petition. The Court declined to award costs due to the absence of the Government Advocate. The judgment highlights the importance of compliance with tax regulations, strict enforcement to prevent tax evasion, and the sufficiency of opportunities provided to the appellant to contest the penalty imposition.