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2013 (2) TMI 639 - HC - VAT and Sales TaxTax evasion - penalty imposed - revised return filed by assessee paying the differential tax with interest and settlement fee - petitioner alleges that electronic filing of the return was introduced for the first time - Held that:- Under the KVAT Act and the scheme, the law provides for self-assessment. But, at the same time, rule 35 sets a time-limit for rejecting the return and conveying the reasons. Also, provisions relating to e-filing contained in section 24D(4) contemplated an active role for the officer, the whole purpose being the interest of the Revenue is safeguarded and money pours into the public coffers as it should promptly. But, this by itself will not obviate the duty of the assessee to file the return correctly. Obviously, ignorance of the law is no excuse. The amendment enhancing the rate of tax came into force by a public document. The petitioner has shown the rate of tax incorrectly, rendering the return an incorrect return. Therefore, we do not think that in the facts of this case we should interfere with the decision of the authority as confirmed by the two appellate authorities to impose penalty on the petitioner. But considering that the petitioner has paid the entire amount of tax with interest and settlement fee, the amount of penalty should be further reduced to ₹ 1,50,000 in place of what is ordered by the Tribunal.
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