Feedback   New User   Subscription   Demo   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

M/s Ansal Landmark Township Private Limited Versus The Commissioner, Commercial Tax

2018 (1) TMI 610 - ALLAHABAD HIGH COURT

Penalty - issuance of sale invoice instead of tax invoice by seller - assessee was required to disclose the Tin Number and other details to the selling dealer and to purchase such materials only by way of tax invoice - case of revisionist is that since no advantage had been taken by it, no deliberate act can be attributed to it, and therefore penalty imposed is bad in law - Held that: - the Tribunal has clearly noticed the fact that there was no undue benefit gained by the assessee on account of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r under the Act. For the purposes of raising construction of a colony, it purchases various construction materials like cement etc. from a registered dealer. Such purchases were made by way of a sale invoice and not against tax invoice. The authorities and the Tribunal have penalized the revisionist for having done so by exercising its jurisdiction under Section 54(1)(5) (ii) of the Act. The order of Tribunal records that revisionist had not claimed any benefit of input tax credit for the tax pa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lying with the requirement of obtaining a tax invoice, as against the sale invoice. 2. Learned counsel for the revisionist submits that imposition of penalty cannot be as a matter of course, and since no advantage had been taken by it, no deliberate act can be attributed to it, and therefore penalty imposed is bad in law. 3. Learned Standing Counsel submits that the assessee was required to disclose the Tin Number and other details to the selling dealer and to purchase such materials only by way .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

it may deem necessary and after giving dealer or person reasonable opportunity of being heard, direct that such dealer or person shall, in addition to the tax, if any, payable by him, pay by way of penalty, a sum as provided in column 3 against the same serial no. of the said table: Sl. No. Wrong Amount of Penalty 5 Where the dealer has,- (i) Failed to issue or has deliberately not issued a tax invoice or sale invoice; or 40% of the value goods (ii) Deliberately not obtained tax invoice inspite .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

imposed upon the purchasing dealer to disclose facts with regard to its registration and Tin Number etc. Sub-section (1) of section 22 mandates every registered dealer to issue a tax invoice. By virtue of sub-section (3) all dealers except as provided in sub-section (1) shall have to issue a sale invoice as is contemplated under rule 44. Subsection (7) of section 22 mandates every purchasing dealer to furnish details of its registration and Tin Number to the selling dealer. It is only if the ob .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to comply with the requirement of section 22(7) of the Act. In the very scheme of the Act, it would be implicit that this deliberate act of non furnishing of details would be with an intent to gain some undue advantage. In case the purchasing dealer has not taken any benefit out of such lapse, the imposition of penalty would not be as a matter of routine. This view stands verified from the observations of the Apex Court in M/s Hindustan Steel Ltd. vs. State of Orrisa, (1969) 2 SCC 627, wherein f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

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

Go to Mobile Version