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2016 (8) TMI 427 - DELHI HIGH COURT

2016 (8) TMI 427 - DELHI HIGH COURT - TMI - Delhi VAT - imposition of penalty by OHA - business of marketing of petroleum products - merger with Indian Oil Corporation Ltd. - definition of the ‘sale price’ in terms of the proviso to Section 2(1)(zd) of the DVAT Act. - assessment of tax, interest and penalty - Held that: - penalty levied by the VATO under Section 86(10) of the DVAT Act affirmed by the OHA by the order dated 20th June 2013 is affirmed. The AT will now consider the said issue afres .....

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l for GNCTD with Mr. Vinod Kumar ORDER CM No. 25178/2016 (for exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 6021/2016 & CM No. 25177/2016 (for stay) 2. Notice. Mr. Satyakam, Additional Standing Counsel for the Respondents accepts notice. 3. The challenge in this appeal by the Assessee, who is a registered dealer under the Delhi Value Added Tax Act, 2004 ( DVAT Act ), is to an order dated 27th June 2016 passed by the Appellate Tribunal, Value Added Tax, Delhi (AT) in Appeal N .....

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filed its tax return and also paid the requisite value added tax. A controversy arose on the understanding of the changed definition of the sale price in terms of the proviso to Section 2(1)(zd) of the DVAT Act. The assessing authority took the view that the aforementioned proviso to Section 2(1)(zd) of the DVAT Act was not applicable from 30th November 2006 onwards. 5. Notices of default assessment of tax and interest under Section 32 of the DVAT Act and penalty under Section 33 of the DVAT Ac .....

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