New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (10) TMI 1846 - PUNJAB AND HARYANA HIGH COURT

2015 (10) TMI 1846 - PUNJAB AND HARYANA HIGH COURT - [2016] 87 VST 246 (P&H) - Imposition of penalty - Rejection of 'C' forms - Held that:- Deputy Excise and Taxation Commissioner (Appeals), UT, Chandigarh upheld the penalty and interest order. However, before the Tribunal, the appellant only agitated against the penalty. The Tribunal vide order dated 1.10.2014, Annexure A.5 held that since 'C' Forms were not genuine, the penalty was imposed in accordance with the rules by the assessing authorit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tuation involved therein do not come to the rescue of the appellant keeping in view the facts and circumstances of the present case. Consequently, the appellant cannot derive any advantage from the said decisions. - Decided against assessee. - VAT Appeal No.256 of 2014(O&M) - Dated:- 11-8-2015 - MR. RAMENDRA JAIN AND MR. AJAY KUMAR MITTAL, JJ. For The Appellant : Mr. Avneesh Jhingan, Advocate For The Respondent : Mr. Sanjiv Ghai, Advocate Ajay Kumar Mittal, J. 1. The assessee-appellant has prefe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

es of the case, the orders Annexures A.3 and A.5 are non speaking orders? iii)Whether in the facts and circumstances of the case, the penalty could be imposed on the appellant even when the purchasing dealers were registered dealers in State of Punjab and the only defect pointed out was that the declaration forms were not issued by the department to them? iv)Whether in the facts and circumstances of the case, the penalty could be imposed without there being any additional material than the one w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The appellant is a registered dealer under the PVAT Act and the Central Sales Tax Act, 1956 (in short, the CST Act ) It is carrying on the business of trading in electrical and electronics goods at Chandigarh. It filed the statutory returns as also the annual return for the assessment year 2005-06. It claimed certain sales made to registered dealer in the course of interstate sale. In suppo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessment proceedings, a blank paper was got signed by the assessing authority from its partner on which later on his admission was recorded with regard to in-genuineness of the declaration forms. The appellant in order to avoid litigation deposited the deferential rate of tax. The assessing authority initiated interest and penalty proceedings. The appellant pleaded that for imposition of penalty some material more than what was there in the assessment proceedings should be there. The assessing .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the appellant submitted that the findings of non genuine 'C' forms can only be made for addition of taxable turnover but are not sufficient to levy penalty in the absence of any additional material or further enquiry. Reliance was placed on judgments in State of Haryana vs. Inalsa Limited and another, (2011) 42 VST 192 (P&H), Pahar Chand & Sons vs. The State of Punjab, (1972) 30 STC 211 (P&H), Anantharam Veerasinghaiah & Co. vs. Commissioner of Income Tax,A.P.(1980) 123 S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

No books of account were produced before the assessing authority to prove the genuineness and bonafide of the claim. The relevant portion of the order dated 23.6.2011, Annexure A.2 reads thus:- There is a privity between the seller and the buyer when a sale is made against C form. The seller deposits tax at concessional rate of tax in respective quarter of the year concerned in which sale is made. In this case, based on the verification report received by the department and subsequently the det .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version