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Can provisions of Indian Penal Code #IPC be invoked when the #VAT Laws provides provision of prosecution for general breach Rules?
In Rule 43(2) of Jharkhand VAT Rules'2006 the mobile number of driver of truck carrying goods must be filed in Transit Pass in Form No JVAT 508 and
on the said mobile number One Time Password (OTP) is being generated.
The said OTP is used for verification and accordingly Transit Permit JVAT 508 is generated online
It is alleged that the petitioner has generated various JVAT 508 through his three different mobile numbers
FIR has been instituted against the petitioner alleging that the transit pass has been generated in illegal manner in breach of JVAT Rules with an intention to evade tax.
It is an admitted fact that there is process for generating form on the basis of OTP for that purpose only
mobile of the petitioner has been used for generating OTP by the drivers of the trucks taking the consignment to one State to another
High Court held:
1️⃣ Consignment in question was not the subject matter of sale and purchase in the State of Jharkhand.
2️⃣ Is well settled that if there is Special Act, Sections of I.P.C. are not attracted
3️⃣ When Rule 66 of the Jharkhand VAT Rules, 2006 itself provides of punishment for general breach of Rules, provisions of I.P.C. are not attracted in the present case.
5️⃣ The entire criminal proceeding is quashed and set aside.
Title: Deep Sahu alias Pradeep Sahu vs The State of Jharkhand
Court: Jharkhand High Court
Citation: Cr. M.P. No. 2065 of 2017
Dated: 17-Nov-22