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2015 (9) TMI 1504 - HC - VAT and Sales TaxManufacture and sale of Sewai (vermicelli) macaroni and pasta - 12.5% or 4% - demand of differential tax, interest and penalty - whether the penalty imposed u/s 61 was justified? - Held that: - it is not a case where the assessee was not paying any tax. The claim was that it falls in the category where rate of tax is applicable at four per cent. only whereas the claim of the Revenue was that it is taxable on account of falling in different entry at 12.5 per cent. but admittedly all the transactions stood recorded, disclosed and the respondent- assessee paid due tax at four per cent. on the entire goods. Payment of four per cent. on the entire turnover has been accepted and admitted by the AO himself, not only that the AO has accepted the entire turnover also. Merely because a higher rate of tax has been made applicable, does not call for imposition of penalty under section 61 of the Act - petition dismissed - decided against petitioner-Revenue.
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