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Southern Power Equipment Company Private Limited, Versus Additional Commissioner Of Commercial Taxes,

2016 (6) TMI 985 - KARNATAKA HIGH COURT

Levy of penalty - bonafide belief - matter was related to interpretation of notification - levy of local entry tax on transformer oil - Held that:- Hence, the appeals are partly allowed. The order of the Revisional Authority as well as Assessing Officer so far as it relates to payment of tax, interest is concerned, the same is maintained and not interfered with. However, the order of the Additional Commissioner and the Assessing Officer for the imposition of the penalty is set aside. The Assessi .....

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ing revisional power under KTEG Act whereby the order of the First Appellate Authority is set aside and the demand of tax with the penalty as made by the Assessing Officer is restored and maintained. 3. We have heard Sri. E.I. Sanmathi, learned counsel appearing for the appellant and Smt. Shwetha Krishnappa, learned Government Advocate for the State. 4. Learned counsel for the appellant at the outset submitted that the matter is covered by the decision of a Coordinate Bench of this Court dated 2 .....

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the Revisional Authority. 5. Whereas, leaned Government Advocate attempted to contend that interpretation of the Notification is very clear and there was no ambiguity in the Notification and under these circumstances, a different view may be taken by this Court than the view taken by the earlier Division Bench by maintaining the penalty or in alternative, this Court may differ from the view taken by earlier division bench on the question of penalty and may refer the matter to the larger Bench. .....

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tional Commissioner, he has found that there was taxable liability. Under these circumstances, the question could be said as doubtful for the taxable liability or atleast there were confusion about the taxable liability. Based on such principle, the Division Bench in the earlier matter set aside the order of the penalty. In our view, the facts and circumstances of the case are identical. 7. It is true that if this Bench is having a different view, the question may arise for making reference to t .....

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could reasonably say that basic requirement for imposition of the penalty which can rather be said to be an attempt on the part of the assessee to avoid taxation liability was available. Therefore, taking into consideration the aforesaid aspect, we do not find that the view taken by a Coordinate Bench of this Court in earlier matter calls for any interference. On the contrary, we agree with the view taken by the coordinate bench of this Court. Once we agree with the view taken by the coordinate .....

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sale therein. The transformer oil which finds entry in serial no.1(viii)(b) is always taxable at rate of 5% on its entry into local area whether for consumption, use or sale therein. 8. Therefore, the Reviewing Authority on a proper consideration of these explanations was justified in holding that the transformer oil even though it is brought into the local area by the assessee as a raw material and to be used as an input manufacturing of transformers, it is liable to tax at 5%. Therefore, we d .....

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