TaxTMI 
TaxTMI 
1978 (8) TMI 222
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....ales Tax Act (hereinafter referred to as the Act) to the respondent-assessee for not depositing the admitted tax for the quarters ending September and December, 1974, within the time prescribed by law. In reply to the said notice the respondent-assessee contended that it had no intention to evade the tax or not to deposit the admitted tax intentionally but since it was not in a position to deposit the admitted tax because of the financial condition and as such no penalty should be imposed. The explanation offered by the assessee was not accepted by the assessing authority and the penalty was imposed. The respondent-assessee preferred appeals against the said imposition of penalty and the amount of penalty was reduced by the first appellate ....
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....e of that it could not deposit the admitted tax for the periods in question within the prescribed time. A further finding was recorded that there was nothing on record to indicate that the assessee had any mala fide intention. Even the assessing authority and the Assistant Commissioner (Judicial) also did not hold that the assessee acted mala fide in not depositing the admitted tax. The assessee in support of the claim of tight financial position produced various documentary evidence, letters sent from time to time to the sales tax authorities informing about the depression in business stock, realisation of dues from its various customers and pressure of other creditors. Not only this the assessee also gave details of its production and sal....
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....ssed by the Tribunal does not suffer from any error of law and is liable to be sustained. In the result the revisions fail and accordingly dismissed. However, there will be no order as to costs. Petitions dismissed. Appendix [The judgment of C.S.P. SINGH, J., of the Allahabad High Court in Juggilal Kamlapat Cotton Spg. & Wvg. Mills Co. Ltd. v. Commissioner of Sales Tax, U.P. (Sales Tax Reference No. 195 of 1976 decided on 11th August, 1978) is printed below: ] JUGGILAL KAMLAPAT COTTON SPG. & WVG. MILLS Co. LTD. V. COMMISSIONER OF SALES TAX C.S.P. SINGH, J.-The revising authority has referred the following two questions for opinion of this Court: Question No. 1: Whether on the facts and in the circumstances of the....
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....ee to show cause why penalty under section 15-A of the Sales Tax Act be not imposed. A reply was sent to this notice on 15th November, 1960. The assessee also filed a writ petition in the Honourable Supreme Court on 12th December, 1960, challenging the imposition of tax at the rate of 1 anna per rupee of the turnover. The Supreme Court on 20th January, 1961, stayed the demand. However, the assessee started making payment in monthly instalments of Rs. 10,000. On the State Government taking the view that no decision on the request of the assessee relating to payment by instalments could be taken till the matter was sub judice before the Supreme Court, the assessee withdrew the writ petition pending in the Supreme Court. Thereafter as no order....