https://www.taxtmi.com/caselaws?id=418640 Penalty under Section 67 of the Kerala Value Added Tax Act, 2003 can be sustained only on objectively ascertainable evasion or attempted evasion supported by materials, not on mere best-judgment estimation. Here, the penalty was based on seized records, inspection materials, and the dealer's own billing and package structure in a multi-level marketing model, with turnover apportioned from data rather than guessed. The concurrent findings of suppression of turnover and misclassification were therefore not disturbed, and the challenge to the penalty failed. en-us Mon, 07 Feb 2022 00:00:00 +0530 Tue, 22 Feb 2022 10:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418640 Penalty under Section 67 of the Kerala Value Added Tax Act, 2003 can be sustained only on objectively ascertainable evasion or attempted evasion supported by materials, not on mere best-judgment estimation. Here, the penalty was based on seized records, inspection materials, and the dealer's own billing and package structure in a multi-level marketing model, with turnover apportioned from data rather than guessed. The concurrent findings of suppression of turnover and misclassification were therefore not disturbed, and the challenge to the penalty failed. Case-Laws VAT and Sales Tax Mon, 07 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418640