TMI Blog2017 (4) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... l is justified in deleting the penalty levied u/s 34 [12] of the VAT Act? Held that: - the levy of penalty under Section 34 [12] of the VAT Act is mandatory, once it is found that in the case of a dealer, the amount of tax assessed for any period or reassessed for any period under Section 35 exceeds the amount of tax already paid under sub-sections (1), (2) or (3) of Section 30 by the dealer in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the impugned judgment and order passed by the Gujarat Value Added Tax Tribunal, Ahmedabad dated 30th April 2016 passed in Revision Application No. 607 of 2015 by which the learned Tribunal has partly allowed the said Revision Application preferred by the respondent-Dealer and though has confirmed the orders passed by the authorities below levying tax under Entry 87 of Schedule-II to the Guja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal is justified in deleting the penalty levied under Section 34 [12] of the VAT Act ? 4. At the outset, it is required to be noted, and it is not in dispute that as such the issue in the present writ petition no longer res integra in view of decision of the Division Bench of this Court in the case of State of Gujarat v. Oil Natural Gas Corporation Limited, reported in [2016] 68 Taxmann.co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on such dealer a penalty not exceeding one and one-half times the difference between the tax paid under section 30 and the amount so assessed or reassessed. 7. In view of the above, the levy of penalty under Section 34 [12] of the VAT Act is mandatory, once it is found that in the case of a dealer, the amount of tax assessed for any period or reassessed for any period under Section 35 exceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [12] of the Act. 8. In view of the above and for the reasons stated above, this petition succeeds. The impugned judgment and order dated 30th April 2016 passed by the learned Gujarat Value Added Tax Tribunal, Ahmedabad in Revision Application No. 41 of 2015 is hereby quashed and set-aside so far as it deletes the penalty levied under Section 34 [12] of the Gujarat Value Added Tax Act 2003. Rest ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
