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2022 (3) TMI 631 - MADRAS HIGH COURTConcessional rate of tax - purchase of agri films and cement on issuance of form 'C' declaration from other State dealers - levy of penalty at 150% of the tax due under section 10A of the CST Act - HELD THAT:- The petitioner had violated the provisions of the CST Act and the levy of penalty by the third respondent is correct. Accordingly, it set aside the order of the second respondent / Appellate Authority and restored the order of the third respondent / Registering Authority. In the light of the admitted fact that the petitioner had purchased the goods that are not covered under the Form B registration certificate issued to them, at the concessional rate against issuance of form 'C' declaration, this court has no hesitation to hold that they had violated the provisions of the CST Act, thereby attracting penalty under section 10A of the CST Act. The first respondent has rightly rendered such a clear cut finding for levying penalty on the petitioner, which warrants no interference by this court. As regards the quantum of penalty @ 150% of the tax due, having regard to the facts and circumstances of the case, it will be fair and just, if the penalty is levied at 100%, instead of 150%. Accordingly, this court reduces the penalty imposed on the petitioner to 100% from 150% of the tax due. The order of the Tribunal is modified to that extent. Petition disposed off.
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