2017 (4) TMI 1322

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....etitioner. JUDGMENT By way of this petition under Articles 226 & 227 of the Constitution of India, the petitioner-Revenue has prayed for issuance of appropriate writ and/or order to quash and set-aside the impugned judgment and order passed by the Gujarat Value Added Tax Tribunal, Ahmedabad dated 30th April 2016 passed in Revision Application No. 607 of 2015 by which the learned Tribunal has....

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....Entry 87 of Schedule-II to the VAT Act and also confirmed the interest. Therefore, a short question which is posed before this Court is whether in the facts and circumstances of the case, the learned Tribunal is justified in deleting the penalty levied under Section 34 [12] of the VAT Act ? 4. At the outset, it is required to be noted, and it is not in dispute that as such the issue in the pres....

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....ount of tax already paid under subsection (1), (2) or (3) of Section 30 by the dealer in respect of such period by more than twenty five per cent of the amount of the tax so paid, there shall be levied on such dealer a penalty not exceeding one and one-half times the difference between the tax paid under section 30 and the amount so assessed or reassessed." 7. In view of the above, the levy of ....

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....y not exceeding one and one-half times the difference between the tax paid and tax payable. Under the circumstances, the learned Tribunal has materially erred in deleting the penalty under Section 34 [12] of the Act. 8. In view of the above and for the reasons stated above, this petition succeeds. The impugned judgment and order dated 30th April 2016 passed by the learned Gujarat Value Added Ta....