Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2014 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 992 - HC - VAT and Sales TaxWhether penalty u/s 78(5) of the RST Act imposable – Sufficiency of evidence - Held that:- Judgment in Guljag Industries Versus COMMERCIAL TAXES OFFICER [2007 (8) TMI 344 - SUPREME Court] followed - Object behind enacting Section 78(5) is to emphasize loss of revenue and to provide a remedy for such loss - Section 78(2) is a mandatory provision and goods put in movement under local sales, imports, exports or inter-State transactions have to be supported by requisite declaration or/and identification of the consignee and other particulars - If no enquiry was made from the consignee firm on the basis that the respondent-assessee was not able to lead evidence as to the consignee being registered and identification of the consignee, if other supporting bills, vouchers, documents etc. were found in order penalty could not have been imposed - matter is remanded back to the Assessing Authority for deciding the penalty proceedings afresh – Decided in favour of revenue.
|