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2016 (11) TMI 1539 - KERALA HIGH COURTPenalty - it was alleged that the assessee had filed untrue and incorrect returns for the months of June to March 2012 - Since it was found that the assessee had filed fallacious returns, a penalty of ₹ 33,51,750, being the double tax sought to be evaded, was also imposed under section 67 of the Kerala Value Added Tax Act, 2003. Held that: - the Tribunal has considered various assertions of the assessee and has found that the assessee having deliberately filed an untrue return showing the sales and purchases to be zero when, in fact, there was substantial turnover, he was, thereafter, not entitled to the benefit of section 23(6)(a) or section 22 of the Act - The Tribunal has concluded so for legally justifiable theorization since this was not a case where the assessee had omitted to file return but it was a case where the assessee, admittedly, filed an untrue and incorrect return. The orders of penalty have been modified by the first appellate authority directing the assessing authority to assess the tax after verification of the documents and books of account maintained by the assessee. The particular circumstances of this case is that the assessee had maintained true and correct books of account, but had deliberately filed incorrect returns for the reason, according to him, that he wanted to delay the payment of tax. This attitude of the petitioner or any other assessee can never be countenanced and condoned and requires to be deprecated in the strongest manner as is available. Penalty upheld - decided against assessee.
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