2011 (12) TMI 455 - HC - VAT and Sales Tax

Rajasthan High Court Upholds Penalty Decision under Sales Tax Act Section 78(10A)

The High Court of Rajasthan dismissed a revision petition regarding the imposition of a penalty under section 78(10A) of the Rajasthan Sales Tax Act, ... Levy of tax, surcharge and penalty - Held that:- It has been found as a matter of fact from the record of the case by the Rajasthan Tax Board that all requisite documents mandatorily required under section 78(2)(a) of the Act of 1994 in accompaniment of the goods in transit albeit, they were photo copies for the reason that the originals of the said documents had been seized by the Police at Ramgarh Police Station, District Alwar in Rajasthan. The Rajasthan Tax Board has further held that no inquiry was undertaken by the assessing officer with regard to the photo copies of the documents and there was no disbarment in law from furnishing the photo copies of the requisite documents when the original were not available more so when it was also not disputed before the authorities below that the originals were seized by the police at Ramgarh Police Station. No inquiry was held to establish the alleged falsity of the documents in issue. In this view of the matter, the Tax Board concluded that the goods under transit were under a valid and authentic transaction and there was nothing illegal about the same. no question of law for determination and adjudication of this court is made out in the facts of the case - Decided against Revenue. Issues:1. Validity of penalty imposed under section 78(10A) of the Act of 1994.2. Interpretation of the provisions of section 78(5) and section 78(10A) of the Act of 1994.3. Consideration of requisite documents for goods in transit.4. Impact of absence of check-post seal on penalty imposition.The High Court of Rajasthan addressed a revision petition concerning the imposition of a penalty under section 78(10A) of the Rajasthan Sales Tax Act, 1994. The case originated from the detention of a vehicle at Ramgarh Police Station in District Alwar due to missing check-post seals on submitted documents. The assessing officer imposed a penalty on the driver under section 78(10A) of the Act in 2003. However, the Deputy Commissioner (Appeals) set aside the penalty, referencing section 78(5) of the Act, stating that simultaneous proceedings had nullified the penalty on the assessee. The Rajasthan Tax Board upheld this decision, leading to the revision petition.The Court acknowledged the petitioner's argument that setting aside the penalty under section 78(5) did not automatically nullify the penalty under section 78(10A) as they apply in different contexts. Despite this, the Court found that the Tax Board independently assessed the issue. The Tax Board determined that the submitted photo copies of requisite documents were valid, as the originals were seized by the police, and no inquiry was conducted to challenge their authenticity. Additionally, the absence of check-post seals did not justify imposing a penalty under section 78(10A), aligning with a previous court ruling in the case of State of Rajasthan v. Tajiander Pal.After reviewing the Tax Board's findings and the case facts, the Court concluded that no legal question necessitated its intervention. The Court highlighted that the legal position in similar circumstances had been established in previous judgments. Consequently, the revision petition was dismissed, and the stay application was also rejected.In summary, the High Court upheld the decision of the Rajasthan Tax Board, emphasizing the importance of independently assessing penalties under different sections of the Act based on specific facts and legal precedents.