Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2014 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (5) TMI 415 - HC - VAT and Sales Tax'Penalty' – Whether the basic ingredient as contemplated under the provisions, particularly with reference to the element of 'mens rea' stands satisfied, so as to justify the penalty - Imposition of Penalty – Held that:- No interference was made by the Division Bench in W.A. No.514/2007 w.r.t. the question of 'penalty' and no observation or direction was ever given to the concerned authority in this regard - As such, the contention of the petitioner, that Ext.P11 order has been passed by the third respondent contrary to the mandate given by the Division Bench of this Court as per Ext.P9, is thoroughly wrong and misconceived; which fails and is rejected accordingly. The assessment proceedings and the penalty proceedings are distinct and separate - Petitioner brought to notice that, the first circumstance/ground as raised in Ext.P5 notice with reference to the term 'reverse tax' u/s 12 (4) of KVAT Act, in respect of the taking back of some of the goods after availing the rebate under the Entry Tax Act to places outside the State is correct or not - This is a matter which requires to be reconsidered with regard to the imposition of 'penalty' and the quantum, if any, by the third respondent - Accordingly, Ext.P7 order is set aside and STO is directed to re-consider the matter Writ petition is disposed of – Decided in favour of assessee.
|