9911796707
TMI Blog2015 (3) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... . 152 of 2015, Tax Appeal No. 109 of 2015 - - - Dated:- 11-2-2015 - Jayant Patel And S. H. Vora,JJ. For the Appellant : Mr Chintan Dave, AGP For the Respondent : Mr Manish K Kaji, Adv. ORDER (Per : Honourable Mr. Justice Jayant Patel) 1. The revenue has preferred the present appeal on the following questions of law: Whether Hon'ble Tribunal erred in deleting liability of penalty by permitting such adjustment of carried forward input tax credit? 2. We have heard Mr. Dave, learned AGP for the appellant - revenue and Mr. Kazi, learned counsel appeared for the respondent upon advance copy. 3. The facts are that tax assessment of outstanding demand of ₹ 16,24,298/- including tax and the penalty was ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal before the Tribunal and the Tribunal confirmed the demand of reassessment, but deleted the interest and penalty imposed upon the Assessee. Under these circumstances, the present appeal by the Revenue. 4. We have heard Mr.Dave, learned AGP for the Revenue. 5. Our attention is drawn by Mr.Sudhir Mehta, learned Counsel appearing for the Assessee on advance copy, that the issue is already earlier decided by this Court in Tax Appeal No.1284 of 2014 vide decision dated 25.11.2014, wherein it was held that if there is no attempt to evade or avoid payment of tax, the interest or the penalty could not have been imposed. 6. We may record that this Court in the above referred Tax Appeal No.1284 of 2014 vide its decision dated 25.11.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficient Input Tax Credit and those tax credits could have been adjusted against the assessee s additional assessed tax liability. That being the position, the Tribunal correctly held that the interest could not be charged. Further, we notice Section 34(7) of the Gujarat Value Added Tax Act, which pertains to the power of the Commissioner to impose penalty, begins with the expression if a Commissioner is satisfied that the dealer, in order to evade or avoid payment of tax........ Under the circumstances, the basic intention of attempting to evade or avoid payment of taxes would be necessary for imposing penalty. 4. When the Tribunal found on facts that in view of availability of input tax credit as against the assessed additional tax, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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