1967 (4) TMI 194

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....or the alleged failure to disclose a turnover assessable under the Central Sales Tax Act during the year 1959-60 to which the assessment relates. The question about the existence of such omitted turnover arose because on the inspection of the premises of the dealer, a small note-book and certain slips were discovered which showed that the dealer had despatched goods by V.P.P. to addressees outside Madras State to the value of Rs. 27,840 in the year in question. The department therefore inferred that this represented omitted turnover of inter-State sales and this was added to the turnover revealed by the assessees' accounts. In addition to adding the turnover, the assessing authorities levied a penalty on the respondents of Rs. 2,923 under s....

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....ion the department has filed this revision case. In our opinion, the order of the Tribunal has to be supported on more than one ground. There is first of all the reason given above by the Tribunal, namely, that section 9(3) is only a procedural section in the sense that it empowers the authorities of the State Government to collect tax, penalty, etc., under the Central Sales Tax Act in the same manner as the tax, penalty, etc., under the sales tax law of the State. The power to collect penalty thus conferred must be only such penalty as has been made leviable under the provisions of the Central Sales Tax Act and it will not include a power to impose the penalty itself, for a contravention or omission for which the Central Sales Tax Act does....

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....1959 Act, provision for the levy of such penalty is found. There is a general rule that the Legislature cannot with propriety make a law to adopt by reference the provisions of a statute law as it stands amended by the Legislature from time to time. Legislation by reference must be applied only by incorporating an Act actually on the statute book at the relevant date. However, in a decision reported in Haji J.A. Kareem Sait v. Deputy Commercial Tax Officer(1), an exception has been drawn to this rule in regard to the assessment of escaped turnover under the Central Sales Tax Act. It was observed that while the General Sales Tax Act, 1939, did contain a provision for assessment of escaped turnover, in the rules framed thereunder, in the amen....