https://www.taxtmi.com/caselaws?id=251346 A statutory appeal under the Orissa VAT framework may validly be conditioned on deposit of 20 per cent of the disputed tax or interest, as the appellate right is created and regulated by legislation and the condition was not held arbitrary or illusory. A penalty equal to twice the assessed tax was also upheld as a constitutionally valid consequence of audit-based assessment and a deterrent against evasion. However, the assessment failed because the audit visit report was submitted far beyond the prescribed time, was not made by the competent audit officer, and the dealer was not given the mandatory 30 days to produce records. Those procedural breaches vitiated the assessment. en-us Tue, 07 Aug 2012 00:00:00 +0530 Thu, 11 Sep 2014 09:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=251346 A statutory appeal under the Orissa VAT framework may validly be conditioned on deposit of 20 per cent of the disputed tax or interest, as the appellate right is created and regulated by legislation and the condition was not held arbitrary or illusory. A penalty equal to twice the assessed tax was also upheld as a constitutionally valid consequence of audit-based assessment and a deterrent against evasion. However, the assessment failed because the audit visit report was submitted far beyond the prescribed time, was not made by the competent audit officer, and the dealer was not given the mandatory 30 days to produce records. Those procedural breaches vitiated the assessment. Case-Laws VAT and Sales Tax Tue, 07 Aug 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=251346