2005 (1) TMI 642 - HC - VAT and Sales Tax

Jurisdiction upheld in tax non-disclosure penalty case; superiors' influence violates natural justice

Babu Sebastian Versus Additional Sales Tax Officer, Thrissur and others

The court held that the authority had jurisdiction to impose a penalty for wilful non-disclosure of taxable turnover despite compounding a separate ... - Issues Involved:1. Jurisdiction of the authority to impose penalty after compounding the offence.2. Timing and procedural correctness of imposing penalty under section 19(2) of the KGST Act.3. Influence of superior officers on the quasi-judicial decision-making process.Issue-wise Detailed Analysis:1. Jurisdiction of the authority to impose penalty after compounding the offence:The petitioner contended that after compounding the offence of non-maintenance of true and complete accounts for the years 1991-92 and 1992-93, the authority had no jurisdiction to impose a penalty for wilful non-disclosure of taxable turnover. The court examined exhibits P1 and P2, which evidenced the compounding of the offence for non-maintenance of true and complete accounts. It was found that the penalty imposed as per exhibits P7 and P8 was for a different offence, i.e., wilful non-disclosure of taxable turnover. The court concluded that the offences were distinct and separate penalties were provided for each, thus the authority had jurisdiction to impose the penalty.2. Timing and procedural correctness of imposing penalty under section 19(2) of the KGST Act:The petitioner argued that the penalty should have been imposed during the reassessment process under section 19(1) and not through a separate order. The court referred to section 19(1) and (2) of the KGST Act, which stipulates that the penalty must be imposed 'in making an assessment' under sub-section (1). The court noted that the revised assessment orders (exhibits P3 and P4) did not indicate any intention to impose a penalty later. The notices proposing to impose penalties (exhibits P5 and P6) were issued after the reassessment, indicating an afterthought influenced by superior officers. The court cited the division Bench decision in State of Kerala v. Jayan Medical Store, which held that penalty proceedings initiated after the completion of assessment proceedings were not 'in making an assessment' as required by section 19(2). Consequently, the court found that the penalty imposed by separate proceedings was contrary to section 19(2) and thus without jurisdiction.3. Influence of superior officers on the quasi-judicial decision-making process:The petitioner alleged that the penalty was imposed due to pressure from superior officers, which was not countered by any affidavit from the respondents. The court emphasized that penalty proceedings are quasi-judicial in nature, requiring the assessing authority to act independently and not under the influence of superiors. The court cited precedents from the Supreme Court, including Orient Paper Mills Ltd. v. Union of India and Mahadayal Premchandra v. Commercial Tax Officer, Calcutta, which underscored the necessity for independent judgment in quasi-judicial functions. The court concluded that the penalty imposed was influenced by superior officers and not an independent exercise of the assessing officer's power, thereby violating the principles of natural justice.Conclusion:The court found that the orders imposing penalties (exhibits P7 and P8) were without jurisdiction and quashed them. The original petition was allowed, and the penalties imposed were set aside.