https://www.taxtmi.com/caselaws?id=200299 Section 34(12) of the Gujarat Value Added Tax Act, 2003 was construed as mandating penalty where the assessed or reassessed tax exceeds tax already paid under Section 30 by more than 25%. The provision requires levy of penalty up to one and one-half times the difference once that statutory threshold is met, and the Tribunal's deletion of penalty was treated as inconsistent with that mandate. The stated principle is that, on satisfaction of the excess-tax condition, penalty is not discretionary and cannot be removed on equity alone. en-us Thu, 27 Apr 2017 00:00:00 +0530 Sun, 25 Mar 2018 18:52:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200299 Section 34(12) of the Gujarat Value Added Tax Act, 2003 was construed as mandating penalty where the assessed or reassessed tax exceeds tax already paid under Section 30 by more than 25%. The provision requires levy of penalty up to one and one-half times the difference once that statutory threshold is met, and the Tribunal's deletion of penalty was treated as inconsistent with that mandate. The stated principle is that, on satisfaction of the excess-tax condition, penalty is not discretionary and cannot be removed on equity alone. Case-Laws VAT and Sales Tax Thu, 27 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200299