2011 (7) TMI 1195 - HC - VAT and Sales Tax

Summary

Issues involved: Interpretation of Section 78(5) of the Act, compliance with principles of natural justice in penalty proceedings.

Interpretation of Section 78(5) of the Act:
The Court referred to a recent decision and highlighted that the absence of mens-rea or the amendment in Section 78(5) of the Act cannot be grounds for not imposing a penalty on the owner of the goods. The Court emphasized that the law regarding Section 78(5) was not clearly defined when the appellate authorities ruled in favor of the assessee. It was noted that the principles of natural justice must be adhered to, and the Assessing Authority should provide a fresh opportunity of hearing and a specific show cause notice detailing the defects and deficiencies in compliance with the Act. The Court allowed the revision petitions of the Revenue, set aside all previous orders, and remanded the matter back to the Assessing Authority for a fresh decision within six months.

Compliance with principles of natural justice in penalty proceedings:
The Court observed that in the present case, no opportunity was given to rectify incomplete particulars in the declaration form ST 18A despite relevant documents being available during the checking of goods in movement. Consequently, the Court allowed the revision petition for statistical purposes, set aside the previous orders, and remanded the matter back to the Assessing Authority for a fresh decision based on the Court's decision.