https://www.taxtmi.com/caselaws?id=437427 Penalty for delayed submission of an audited report under the TVAT Act, 2004 cannot be sustained without the statutory notice and reasonable opportunity of hearing required by Section 53(3). The record showed that although proceedings were initiated under Section 31(1), no separate notice was issued before penalty was imposed under Section 53(1), and the assessee was not given a meaningful chance to explain the default. On that basis, the penalty was quashed for breach of statutory procedure and natural justice, while the assessment was otherwise sustained. The authority was left free to reconsider penalty afresh after issuing proper notice and granting hearing. en-us Tue, 02 May 2023 00:00:00 +0530 Sat, 06 May 2023 10:08:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437427 Penalty for delayed submission of an audited report under the TVAT Act, 2004 cannot be sustained without the statutory notice and reasonable opportunity of hearing required by Section 53(3). The record showed that although proceedings were initiated under Section 31(1), no separate notice was issued before penalty was imposed under Section 53(1), and the assessee was not given a meaningful chance to explain the default. On that basis, the penalty was quashed for breach of statutory procedure and natural justice, while the assessment was otherwise sustained. The authority was left free to reconsider penalty afresh after issuing proper notice and granting hearing. Case-Laws VAT and Sales Tax Tue, 02 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437427