2003 (11) TMI 569 - HC - VAT and Sales Tax

High Court upholds penalty for false representation under Central Sales Tax Act

Commissioner, Sales Tax, UP., Lucknow Versus Hari Oil and General

Commissioner, Sales Tax, UP., Lucknow Versus Hari Oil and General - [2005] 139 STC 514 (All) Issues Involved:1. Legality of penalty proceedings under section 10-A read with section 10(b) of the Central Sales Tax Act, 1956.2. Interpretation of 'false representation' under section 10(b) of the Central Sales Tax Act, 1956.3. Applicability of mens rea (guilty mind) in the context of false representation.4. Assessment of bona fide belief and its impact on penalty imposition.5. Evaluation of precedents and their relevance to the current case.Detailed Analysis:1. Legality of Penalty Proceedings:The primary issue was whether the penalty proceedings initiated against the dealer under section 10-A read with section 10(b) of the Central Sales Tax Act were legally justified. The Tribunal had to determine if the dealer falsely represented that the goods purchased (oil seeds) were covered by its registration certificate.2. Interpretation of 'False Representation':Section 10(b) of the Act states: 'If any person, being a registered dealer falsely represents when purchasing any class of goods that goods of such class are covered by his certificate of registration.' The Tribunal emphasized that the phrase 'falsely represents' implies a deliberate act of misrepresentation. The dealer argued that it made the application for registration in good faith, believing oil seeds were covered, as they were essential raw materials for its business.3. Applicability of Mens Rea:The Tribunal noted that mens rea (guilty mind) is an essential ingredient for offenses under section 10(b). The dealer's belief that it was authorized to purchase oil seeds against form C, due to the continuous issuance of form C by the assessing authority without objection, indicated an absence of mens rea. The Tribunal concluded that the dealer did not act with deliberate defiance of the law, thus quashing the penalty.4. Assessment of Bona Fide Belief:The Tribunal found that the dealer acted under a bona fide belief that oil seeds were covered by its registration, as form C had been issued regularly without objection. The dealer's application had mentioned oil seeds, albeit in the wrong column, and the assessing authority had verified and accepted accounts showing the use of form C for oil seeds. This led the dealer to reasonably believe it was authorized to purchase oil seeds against form C.5. Evaluation of Precedents:The Tribunal referenced several cases to support its decision:- Sri Lakshmi Machine Works v. State of Madras and State of Rajasthan v. Jaipur Udyog Limited: These cases established that false representation requires deliberate misrepresentation, which was not evident in the dealer's case.- Commissioner of Sales Tax v. Rama and Sons: This case was distinguished as it involved different facts where the dealer knowingly issued form C for goods not covered by its registration.- Sanjiv Fabrics v. Commissioner of Sales Tax: Supported the dealer's argument of bona fide belief when issuing form C for goods closely related to those registered.- Commissioner of Sales Tax v. Misra Modern Rice Mills: Highlighted that mere issuance of form C by the assessing authority does not justify false representation by the dealer.Conclusion:The High Court found that the Tribunal erred in deleting the penalty entirely. It held that the dealer's belief was not bona fide, as it neither applied for registration for oil seeds nor objected when oil seeds were not included in the registration certificate. The Court ruled that the dealer falsely represented that oil seeds were covered by its registration. However, considering the continuous issuance of form C by the assessing authority, the Court reduced the penalty to the benefit availed, i.e., the difference between the tax rates with and without form C.Final Judgment:The revision was allowed in part. The penalty for the assessment years 1985-86 and 1986-87 was set at Rs. 27,275 and Rs. 66,955, respectively, reflecting the 4% tax benefit availed through the false representation. The petition was allowed in part.