2014 (7) TMI 153

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e has preferred this revision petition challenging the order passed by the Tribunal, which has reduced the penalty imposed by the lower authorities from Rs. 1,04,113/- to Rs. 10,000/-. 2. When the authorities intercepted the goods vehicle and called upon the person incharge of the goods vehicle to produce Form VAT 515 and invoice and Form 505, the same was not produced. Therefore, the inspectin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or technical omissions, a lenient view is called for. Therefore, the penalty imposed was reduced to the nominal amount of Rs. 10,000. Aggrieved by the said order, the revenue is in appeal. 3. This Court had an occasion to consider the question whether any discretion is left with the authorities to reduce the quantum of penalty as prescribed under the aforesaid provision. This Court, in the case....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ia) (P.) Ltd. in STRP No.349/2012 decided on 27.8.2013, interpreting Section 53(12)(a)(ii) of the KVAT Act, has held that no discretion is vested in the authority or the Appellate Tribunal to either impose less or reduce the penalty less than double the amount of tax leviable under the provision. Having regard to the language employed in this provision, it is clear that the provision is mandatory ....