Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2015 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 1049 - HC - VAT and Sales TaxImposition of penalty - Section 10(A)(1) of the Central Sales-Tax Act - No transit sale also under CST - Misuse of C forms - Held that:- the Tribunal found that there was a bit of uncertainty in relation to the transaction whether the same is required to be assessed under C.S.T. or A.P.G.S.T. Act. Apart from that the Tribunal also found that there was no intention on the part of the assessee which is a requirement at the relevant point of time for levy of penalty. The Tribunal also relied on the principles laid down by this Court in Ravi Enterprises v. State of Andhra Pradesh [1988 (3) TMI 419 - ANDHRA PRADESH HIGH COURT] . Further, the transaction relates to the assessment year 1983-1984 whereas the penalty proceedings came to be initiated on 09.08.1992 i.e. after a long lapse of nine years. Therefore, the Tribunal had considered various aspects on record and gave a finding which is not challenged before this Court. The Tribunal, being the last finding authority and in the absence of such conclusive finding being challenged raising a specific question of perversity, we do not find any questions of law much less substantial questions for adjudication in the present case. - Decided against the revene
|