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2011 (12) TMI 488 - HC - VAT and Sales TaxTax evasion - penalty imposed - Held that:- By order, annexure P2, the assessing officer found that the assessee furnished incorrect return of the sales tax, evaded the tax on the basis of which assessing officer assessed for the additional tax and on this ground the penalty was imposed, and except this, no finding was recorded even by the revisional authority that there was deliberate concealment of sale or the assessees were guilty of contumacious or dishonest conduct, or acted in conscious disregard of its obligation, failing which the aforesaid order imposing penalty cannot be sustained. Thus the orders passed by the authorities imposing penalty on the petitioners are not in accordance with the law laid down by the apex court in Hindustan Steel Ltd. [1969 (8) TMI 31 - SUPREME Court] and Anantharam [1980 (4) TMI 2 - SUPREME Court] and accordingly both the orders are not sustainable under the law and are quashed.
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