2016 (2) TMI 1238

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.... Sri Ramesh Ranganathan,   Heard Sri S.Dwarakanath, learned counsel for the petitioner, and Sri S.Suri Babu, learned Special Standing Counsel for Commercial Taxes, and with their consent, the writ petition is disposed of at the stage of admission. Aggrieved by the order dated 10.12.2015 imposing penalty equal to 100% tax under Section 53(3) of the A.P. Value Added Tax Act, 2005 (for short....

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....d tax is (i) less than ten percent of the tax, a penalty shall be imposed at ten percent of such under-declared tax; and (ii) more than ten percent of the tax due, a penalty shall be imposed at twenty five percent of such under-declared tax.   Under Section 53(3) of the Act any dealer who has under declared tax, and where it is established that fraud or wilful neglect has been committed, s....

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....less establish its ingredients.   In Viceroy Hotels Limited the Division Bench of this Court observed that, while under declaration of tax was liable for penalty under Section 53(1) if fraud or wilful neglect has not been established, and penalty is 10%/25% of the under declared tax, it is only where, in terms of Section 53(3) of the Act, fraud or wilful neglect is established in the under....