NOVA TRADING PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India is sought to be invoked to set at naught the order dated 20.12.2007 passed by the Additional Commissioner of Taxes, Assam, Guwahati, in the revision petition filed by the petitioner under Section 36 of the Assam General Sales Tax Act, 1993 (hereafter referred to as the Act) assailing therein the seizure of its documents made by the Inspector of Taxes, Unit C, Guwahati, on 10.7.2003 as well as the order dated 20.4.2003 passed by the Superintendent of Taxes, Unit C, Guwahati, imposing a penalty of Rs. 2,14,735/- under Section 23 (1) (h) of the Act for alleged violation of Section 46 thereof. Incidentally annulment of the seizure and the imposition of penalty as above has also been prayed for in the instant proceeding, the revision petition having been dismissed by the order impugned.

(2.) I have heard Mr. G. K. Joshi, Sr. Advocate assisted by Mr. R. K. Joshi, Advocate for the petitioner and Mr. D. Saikia, learned Standing Counsel, Finance Department for the respondents. The petition was heard on merits at the motion stage and the records having been produced on behalf of the Revenue, it is being disposed of finally by this order.

(3.) The factual foundation of the debate is provided by the pleaded averments in the petition. The petitioner has introduced itself to be a private limited Company incorporated under the Company's Act, 1956, with its branch office amongst others at Bharalumukh, Guwahati. It claims to be a registered dealer under the Act as well as the Assam Value Added Tax Act, 2003 carrying on business in Soyabean Refined Oil. In course of the business, it receives the above commodity from its principal M/s Ruchi Soya Industries Private Limited, Mangliagaon, Indore (M. P.) on stock transfer basis for sale in the State of Assam as well as beyond on its behalf. The stocks so received are entered in the books of accounts maintained regularly and the sales thereof are duly recorded in the sales registers. The petitioner has asserted that it files its monthly returns of turnover to the appropriate authorities under the Act and on completion of the assessment thereof, pays the tax due.