TMI Blog2015 (10) TMI 2782X X X X Extracts X X X X X X X X Extracts X X X X ..... ax and interest have been paid by the appellant, we deem it fit to delete the entire penalty levied and / or retained by the learned Deputy Commissioner. Appeal allowed in part. - SECOND APPEAL NO.732 OF 2015 - - - Dated:- 7-10-2015 - Hon ble Mr.Justice K.A.Puj (Retd.) President, Mr.N.A.Acharya, Member AND Mr.N.C.Andharia, Member For the Appellant : Mr.Nishant Shukla, the learned Advocate For the Respondent : Mr.Y.A.Radhanpura, the learned Government Representative JUDGMENT Per: Honorable Mr. Justice K.A. Puj, President. (1) The appellant has filed this appeal against the order passed by the learned Deputy Commissioner of Commercial Tax (Appeal), Division-9, Bhavnagar on 12.08.2015, whereby the appeal filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jarat VAT Act. The appellant is in the business of trading in ferrous and non-ferrous metals, scrap of metals, iron and steel etc. The appellant maintains regular books of accounts and keeps these accounts duly closed, adjusted and audited. A surprise visit was taken at the business premises of the appellant on 03.10.2013 by the learned Assistant Commissioner of Commercial Tax (5), Enforcement Division-7, Bhavnagar. During the verification of records, nothing was found so as to suggest that the appellant was involved in evasion of tax or suppression of facts. However, the learned Assistant Commissioner was of the view that the purchases made by the appellant from M/s.Sagar Enterprise and M/s.Basera Enterprise appeared to be doubtful. The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring for the respondent. (6) Though several grounds were raised by the appellant in the statement of facts and grounds of appeal with respect to disallowance of input tax credit and consequent levy of tax, interest and penalty, Mr.Shukla has made it clear at the outset that he confines his challenge only to the levy of remaining amount of penalty of ₹ 74,573/-. He has submitted that as per the normal practice adopted by this Tribunal, when the tax and interest are paid, penalty is normally deleted. Even otherwise, there was no justification of levying penalty at the rate of 150% of tax and even there is no justification of retaining the 75% of penalty in appeal by the learned Deputy Commissioner. He has therefore submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
