2015 (7) TMI 1297 - HC - VAT and Sales Tax

Whether under the facts and in the circumstances of the case, the Commercial Tax Tribunal was legally justified in deleting, the levy of penalty u/s 34(8) of the Act by the assessing authority? Held that - The Tribunal has examined the matter at length and has recorded finding that the entire tax which was payable was deposited by the assessee along with interest and no prejudice has been caused to the department. Therefore, the penalty imposed under Section 34(8) of the Act has been deleted. Revision dismissed.

Summary

The High Court of Allahabad dismissed the revision filed by the State for the assessment year 2013-14 against the tribunal's order. The tribunal deleted the penalty under Section 34(8) of the Act as the tax was paid along with interest, causing no prejudice to the department. The court found no reason to interfere with the tribunal's decision.