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2015 (5) TMI 1053 - RAJASTHAN HIGH COURT

2015 (5) TMI 1053 - RAJASTHAN HIGH COURT - [2015] 86 VST 91 (Raj) - Levy of penalty - section 78(5) of the RST Act, 1994 - Held that:- In the light of the judgment of the honourable Larger Bench of this court and the judgment of the honourable apex court in Guljag Industries v. Commercial Taxes Officer mens rea is not essential. Such overwritings and cuttings in declaration form, in all columns would certainly fall in the category of forged, fabricated or false declaration form and therefore, in .....

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tion is directed against the order dated January 28, 2002 passed by the Rajasthan Tax Board, Ajmer in Appeal No. 1442/99/Jaipur whereby the appeal filed by the Revenue has been dismissed. It may be observed that a Larger Bench was constituted by honourable the Chief Justice to resolve and decide the following questions framed after noticing a conflict of opinions in the Division Bench judgments of this court in Parashwanath Granite India Ltd. v. State of Rajasthan (D. B. Civil Writ Petition No. .....

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78, sub-section (5) of the Rajasthan Sales Tax Act, 1994 ? (ii) Whether the mens rea is required to be proved as a necessary ingredient for imposition of penalty under sub-section (5) of section 78 on proven violation of sub-section (2) of section 78 of the Rajasthan Sales Tax Act, 1994 ? (iii) Whether in view of the amendment to rule 55 of the Rajasthan Sales Tax Rules, 1995 pursuant to the decision of the honourable Supreme Court in the case of State of Rajasthan v. D. P. Metals [2001] 124 STC .....

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s Officer v. Indian Oil Corporation Ltd. [2015] 82 VST 200 (Raj) [FB] in Sales Tax Revision Petition No. 92 of 1999 and other connected revision petitions has answered the questions as follows (pages 223 and 224 in 82 VST): "(i) The requirement of mens rea is not relevant for the purpose of determining the liability for penalty, in terms of section 78(5) of the RST Act, 1994. (ii) The mens rea is not required to be proved as necessary ingredient for imposition of penalty under sub-section ( .....

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ction (5) of section 78 of the RST Act, 1994. (iv) The mens rea is not required to be proved as necessary ingredient for imposition of penalty under sub-section (5) of section 78, on proving violation of sub-section (2) of section 78 of the RST Act, 1994." After answering the questions in Indian Oil Corporation Ltd. [2015] 82 VST 200 (Raj) [FB] and other connected sales tax revisions, the matters were ordered to be listed before the Bench having jurisdiction to decide the matters, in accord .....

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had several overwritings and cuttings and there were other discrepancies also in the invoices which were being carried on in the said vehicle and a show-cause notice was accordingly given and being not satisfied with the explanation so offered, penalty was levied under section 78(5) of the RST Act. The matter was carried in appeal before the Deputy Commissioner (Appeals) who though found that there were several over writings and cuttings but held that all the overwritings and cuttings, were min .....

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further contended that even if there were initials but same will not make material difference as several discrepancies were noticed, he further contended that in the original form while earlier 8472 kg. was mentioned which was corrected to 9196 kg. He further contended that there was some price of material earlier which was corrected to ₹ 6,90,737.50 and even the bill number was changed from B5121 to B5175. He further contended that in the light of the judgment rendered by the honourable .....

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Ltd. [2015] 82 VST 200 (Raj) [FB], mens rea is not essential and contended that the order of the Tax Board deserves to be reversed. None appeared on behalf of the respondent despite notices having been served. I have considered the arguments advanced by the counsel for the petitioner and perused the judgment of the honourable Larger Bench of this Court in Indian Oil Corporation Ltd. [2015] 82 VST 200 (Raj) [FB] and the judgment of the honourable apex court in the case of Guljag Industries v. Com .....

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