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2011 (6) TMI 510 - BOMBAY HIGH COURTPenalty for a failure to file an audit report - Maharashtra Value Added Tax Act, 2002 (the MVAT Act) - Section 61(2) clearly specifies that upon the failure of the dealer to get his accounts audited and to furnish a copy of the report within the time as prescribed, the Commissioner may after furnishing a reasonable opportunity of being heard, impose a penalty at the rate stipulated – Held that:- Tribunal has observed that the appellant had transferred the business from April 1, 2007 and would in all human probability be having the accounts with it for, otherwise it was not possible for the appellant to file the returns and pay the tax, proceedings remanded back to the Deputy Commissioner of Sales Tax, appeal is accordingly disposed of
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