https://www.taxtmi.com/caselaws?id=339006 Penalty under Section 22(5) of the Tamil Nadu Value Added Tax Act, 2006, in a best judgment assessment under Section 22(4), must be computed on the balance tax difference after crediting tax already paid. Where returns were not filed and assessment proceeded on best judgment, the figures in the assessment order had to reflect total tax due, tax paid and the outstanding balance; the penalty could not be fixed without that basis. The demand was therefore contrary to Section 22(5) and was set aside, with liberty to re-compute the penalty in accordance with law. en-us Fri, 20 Jan 2017 00:00:00 +0530 Fri, 17 Feb 2017 06:43:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=339006 Penalty under Section 22(5) of the Tamil Nadu Value Added Tax Act, 2006, in a best judgment assessment under Section 22(4), must be computed on the balance tax difference after crediting tax already paid. Where returns were not filed and assessment proceeded on best judgment, the figures in the assessment order had to reflect total tax due, tax paid and the outstanding balance; the penalty could not be fixed without that basis. The demand was therefore contrary to Section 22(5) and was set aside, with liberty to re-compute the penalty in accordance with law. Case-Laws VAT and Sales Tax Fri, 20 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=339006