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2018 (12) TMI 299 - HC - VAT and Sales TaxImposition of penalty - CST Act - purchase tax not paid - exemption under Annexure A notification claimed - invocation of Section 67 of the Kerala Value Added Tax Act, 2003 - Held that:- In the present case, admittedly, an audit report was filed and after that penalty proceedings were initiated noticing the discrepancy and the revised returns were filed after the penalty proceedings were initiated. Hence the assessee failed to correct the mistakes in the return by filing a revised return along with the audit report; which was what is enabled by Section 42. The assessee attempted revision of returns only after penalty proceedings were issued, which is not permissible as per the proviso to Section 42(2). The proviso stands against the assessee and there could be no revised return accepted by the Assessing Officer against the clear mandate of the statutory provision. Invocation of section 67 - Held that:- Section 10A applies to a purchasing dealer and these are specific offences enumerated under Section 10, none of which is attracted here. Here the offence is of evasion of tax payable under the CST Act, on the interstate sale of rubber, by claiming an exemption without complying with the condition of the exemption notification. The penalty imposed under the CST Act is only proper - decided in favor of Revenue. Revision dismissed.
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