https://www.taxtmi.com/caselaws?id=277752 An Intelligence Officer exercising penalty jurisdiction under Section 67 of the Kerala Value Added Tax Act, 2003, cannot estimate taxable turnover on a best judgment basis from electricity consumption or similar indirect material. That power is confined to imposing penalty on proof of an offence and on materials clearly showing suppression or omission; if the evaded turnover is not clearly quantifiable, only the prescribed limited penalty can be levied. Estimation of turnover is an assessment function, not a penalty function. The turnover estimations and connected penalty orders were therefore set aside, and the State was left to proceed only through the assessment machinery under the Act. en-us Thu, 06 Sep 2018 00:00:00 +0530 Fri, 21 Dec 2018 05:51:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277752 An Intelligence Officer exercising penalty jurisdiction under Section 67 of the Kerala Value Added Tax Act, 2003, cannot estimate taxable turnover on a best judgment basis from electricity consumption or similar indirect material. That power is confined to imposing penalty on proof of an offence and on materials clearly showing suppression or omission; if the evaded turnover is not clearly quantifiable, only the prescribed limited penalty can be levied. Estimation of turnover is an assessment function, not a penalty function. The turnover estimations and connected penalty orders were therefore set aside, and the State was left to proceed only through the assessment machinery under the Act. Case-Laws VAT and Sales Tax Thu, 06 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277752