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of <h1>Court rules truck owner liable under VAT Act, upholds vehicle confiscation for tax evasion despite penalty.</h1> <h3>Smt. Manju Sahu Versus The Commissioner, Commercial Tax and another</h3> Smt. Manju Sahu Versus The Commissioner, Commercial Tax and another - TMI Issues:1. Whether the appellant is covered under the definition of 'transporter' in terms of Section 57 of the Madhya Pradesh Value Added Tax Act, 2002Rs.2. Can the vehicle of the appellant be confiscated when the offence was compounded by the transporter and the goods were releasedRs.3. Can a person who has done business with a particular transporter be treated as a transporter and have their vehicle confiscated when illegalities were committed by the transporter while using other vehiclesRs.Analysis:Issue 1: The court examined the definition of 'transporter' under Section 57 of the Act, which includes the owner of the vehicle carrying goods. In this case, the appellant owned the truck hired by a transport company for transporting goods. The vehicle entered the State of Madhya Pradesh and was involved in an incident where the goods' value was misrepresented. The transporter, including the appellant, admitted guilt and compounded the offence under the Act.Issue 2: The court delved into the provisions of Section 57 regarding the powers of the check post officer and the consequences for violations. The transporter admitted guilt and paid the penalty as required by the Act. The court highlighted that the collusion with the dealer involved in tax evasion was established by the payment of twice the penalty amount, leading to the confiscation of the vehicle under sub-section (9) of Section 57.Issue 3: The court addressed the argument that compounding the offence validated the illegality and negated the need for action under sub-section (9) of Section 57. The court rejected this contention, emphasizing that the payment of the penalty indicated collusion with the dealer for tax evasion. The court cited legal principles to support its interpretation of the penalty provisions in taxing statutes and the strict construction of penal statutes.The court concluded that no substantial question of law arose for consideration based on the facts and legal provisions analyzed. Consequently, the appeal was dismissed without costs.
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