2017 (2) TMI 706

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..... ing the Assessment Year 2009-2010, whereby, the order dated 14.08.2015, is sought to be challenged. 1.1. The said assessment order came to be passed for the reason that the petitioner had failed to file its returns. 2. The respondent, thus, took recourse to the provisions of Section 22(4) of the Tamil Nadu Value Added Tax Act, 2006 (in short the 2006 Act). Accordingly, the impugned order was pas .....

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..... ty under Section 22(5) of the 2006 Act can be imposed at the rate given therein, i.e., 150%, albeit, on the difference between the tax assessed and the tax already paid by the assessee, as per the returns. 7. It is the submission of the learned counsel for the petitioner that the respondent has calculated and gone on to impose penalty, contrary to the provisions of Section 22(5) of the 2006 Act. .....

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..... e petitioner. 8.1. The respondent will, therefore, re-assess the amount payable by the petitioner towards penalty, having regard to the provisions of Section 22(5) of the 2006 Act. 9. The captioned writ petition is disposed of in terms of the aforesaid direction. Resultantly, pending application shall stand closed. There shall, however, be no order as to costs.
Case laws, Decisions, Judgemen .....

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