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VAT and Sales Tax Penalties Require Discretion; Harmonization of Statutory Provisions Essential for Legal Interpretation.

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Full Text of the Document

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....Discretionary power for imposition of penalty - Penalty is not prescribed for mechanical imposition because law permits such a levy. It is well settled legal position that while interpreting the provisions of the statute, every part of the provisions of the statute has to be given effect to and one part cannot be interpreted in a manner inconsistent with another part of the statute that would defeat the object and purpose of the Act and rules framed thereunder - HC....