Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2017 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 1 - HC - VAT and Sales TaxRevision of assessment - omission to include the stock of gold in the return - KVAT - Held that: - revision of assessment pertaining to the period of which the assessee was carrying on the business on the strength of the registration granted to him, was permissible in law. Penalty - it was alleged that the learned single Judge has erroneously reduced the penalty imposed to ₹ 1 lakh - Held that: - levy of penalty should always be proportionate to the gravity of the offence committed by the assessee - Insofar as this case is concerned, though at a belated stage, the assessee himself has confessed his mistake and sought an opportunity to revise his return, though such revision could not have been allowed, still taking into account such conduct of the assessee, we feel that the learned single Judge was justified in taking the view that the penalty of double the amount of tax imposed, viz. ₹ 23,61,076/- was too disproportionate. Therefore, we do not find any reason to interfere with that relief granted by the learned single Judge also. Validity of order of assessment - Held that: - the omission in question had occurred in April, 2014. The Assessing Officer had issued notice calling upon the assessee to produce the books of accounts on 24.08.2015. The date specified for appearance was 08.09.2015. It is still thereafter that on 14.10.2015, the assessee made request for revision of their returns. In such a situation, when the request was rejected and assessment is completed, we cannot say that the Assessing Officer has committed an illegality in completing the assessment. Appeal dismissed - decided against appellant.
|