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2010 (8) TMI 851 - HC - VAT and Sales TaxWhether the assessee is not entitled to the exemption claimed and consequently liable for penalties levied under section 72(2) and 72(3) of the Karnataka Value Added Tax Act, 2003? Held that:- It is brought to our notice that a beneficial circular has been issued by the Commissioner, how the question of penalty is to be imposed in the case of default especially keeping in mind, the change in the law and the jurisdiction, which came in the way of the assessee understanding the effect of change in law. Certainly, the assessing authority will take notice of the directions issued by the Commissioner to tide over the situation during this interregnum period while passing the final orders. In so far as penalty is concerned, the learned single judge in the afore said writ petition has already quashed the findings recorded by both the authorities and remitted the matter back to the assessing authority for fresh consideration. It is unfortunate that the Tribunal has not noticed the said order of the learned single judge. Therefore, confirming the penalty as on the date of the order was passed is erroneous, illegal and without juris diction. Therefore, that portion of the order of the Tribunal is liable to be set aside and accordingly, it is set aside. Appeal allowed in part.
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