High Court Punjab-Haryana High Court

State Of Punjab And Another vs M/S Pepsi Foods Pvt Ltd on 3 November, 2009

Punjab-Haryana High Court
State Of Punjab And Another vs M/S Pepsi Foods Pvt Ltd on 3 November, 2009
VATAP No.69 of 2009                                       #1#

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                 HARYANA AT CHANDIGARH


                                      VATAP No.69 of 2009

                                      Date of Order: 3.11.2009

State of Punjab and another

                                                          ...Appellants

                                   Versus

M/s Pepsi Foods Pvt Ltd

                                                          ....Respondent

CORAM: HON’BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE JASWANT SINGH

Present: Mr. P.K. Jain, Addl.A.G, Punjab for the appellants.

1. To be referred to the Reporter or not?

2. Whether the judgment should be reported in the Digest?

M.M. KUMAR,J

Instant appeal filed under Section 68(2) of Punjab Value Added

Tax Act, 2005 (for brevity “the Act”) is directed against order dated

11.5.2009 (Annexure A.3) passed by the Value Added Tax Tribunal, Punjab

(for brevity ‘the Tribunal’) in Appeal (VAT) No.247 of 2008-09. The

Tribunal has recorded categoric findings that the words “PLSAGE” when

written in capital letter in the bill and G.R start appearing to be in the same

handwriting. The Tribunal has further recorded a finding that when other

writing on the bill and GR is compared, then it cannot be said that these

were in the same handwriting. On the second issue that the bill issued by

Northern Aromatics Ltd, Sahibabad (UP)-consigner party had not signed,

the Tribunal has observed that it would not make much difference as the
VATAP No.69 of 2009 #2#

C.S.T had been charged, the vehicle had voluntarily reported at the ICC

barrier and the consigner party was not to allow these transactions to go

unaccounted. The document produced also showed that consigner party i.e

Northern Aromatics Ltd, Sahibabad (UP) was making huge sale of heavy

amounts to Dabur India Ltd and was also making sales to the respondents-

dealers i.e M/s Pepsi Foods Pvt Ltd. The Tribunal has observed that no

presumption could be drawn that there was an attempt to evade tax merely

because of non-signing of the bill. Accordingly, penalty imposed under

Section 51(7)(b) of the Act has been deleted.

Having heard the learned counsel, we find that no substantive

question of law within the meaning of Section 68(1) of the Act would arise

warranting admission of the appeal as the finding of fact has been recorded

by the Tribunal. Firstly handwriting cannot be presumed in the same hands

and non-signing of the bill was insignificant as the vehicle had voluntarily

reported at the ICC and all other documents had been produced as

prescribed by the Rules.

Therefore, the appeal fails and the same is dismissed.




                                                  ( M.M. KUMAR )
                                                       JUDGE




November 03, 2009                                 ( JASWANT SINGH )
manoj                                                   JUDGE