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TMI Blog2009 (12) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... tput tax at "nil". Though the appellate authority substantially reduced the quantum of interest, it is not clear how he came to the findings that the applicant-company did not pay tax for an amount of ₹ 9,08,701.14. There was no finding of the assessing authority in this regard. As regards imposition of penalty under section 30E read with rules 44 and 45 of the VAT Rules, we would like to observe that no penalty can be imposed under rule 45 without issuing a show-cause notice. From the records, it is not apparent whether any notice in form 8 as required under rule 45 of the VAT Rules was at all issued. Remand the matter back for making a fresh assessment - 867 of 2009 - - - Dated:- 4-12-2009 - PRADIPTA RAY AND DIPAK CHAKRABORTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -company under section 22 of the VAT Act on the ground that the petitioner-company did not maintain proper books of accounts as required under section 63 of the VAT Act. It was specifically mentioned therein that the petitioner-company did not maintain input-tax account, input-tax credit account. The assessing authority also imposed a penalty of Rs. 5,000 on the ground of non-submission of final accounts within the prescribed time. The assessment order dated September 22, 2008 was challenged by the petitioner-company before the appellate authority which was registered under Appeal Case No. A71/BH/08-09. Before the appellate authority, it claimed export sales to the tune of Rs. 31,80,37,575 against the export sales of Rs. 31,29,33,355.12 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates. It was strenuously argued by the learned advocate that when the petitioner was maintaining all the details, there was no reason for it to hold back those records and documents even at the cost of being deprived of the due input-tax credit. It was further argued that the company being an export oriented unit and that the assess ing authority allowed export sales the question of charging output tax did not arise at all. He also questioned the propriety of levying of purchase tax without even ascertaining the quantum of purchase made by the applicantcompany from unregistered dealers. He also questioned the propriety of imposition of penalty. The learned advocate pointed out that the authorities concerned disallowed the input-tax rebat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was pointed out that the applicant-company would produce those records to substantiate its claim but the appellate authority also failed to appreciate the facts. Interest was charged without showing any reason presumably on the understanding that disallowed amount of input-tax credit was the amount of tax payable by the applicant-company. Though the appellate authority reduced substantially the quantum of interest charged by the assessing authority, there was no discussion as to how he arrived at the figure at Rs. 50,511. There was also no proper ascertainment of the facts that the applicant-company purchased leather for an amount of Rs. 52,17,526 from unregistered dealers. Imposition of penalty was also challenged by the learned advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny produced required supporting records and documents in support of its claim for input-tax credit or not. Stands taken by the contesting parties are diametrically opposite to each other. The applicant-company harped that it maintained all the requisite records and produced those records before the authorities concerned whereas the respondent-authorities have alleged that the petitioner-company did not maintain input-tax accounts and input-tax registers. However, before us the learned advocate produced ledger copies showing purchase of raw materials, consumables and packing materials on payment of appropriate rate of VAT. At this stage, it is difficult for us to adjudicate on the points of facts. Regarding levy of interest by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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