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TMI Blog2018 (2) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... to explain why he should not be imposed with penalty and after hearing the parties, the competent authority can pass appropriate orders in this regard, only with regard to penalty. It is incumbent upon the authority, before levying any penalty, the petitioner should be heard in the matter. Petition allowed in part. - Writ Petition No. 100518 of 2017 (T-RES) - - - Dated:- 19-6-2017 - MR. K.N. PHANEENDRA J. Petitioner: (By Smt. V. Vidya, Adv.) Respondents: (By Sri. M. Kumar, AGA) ORDER Heard the learned counsel for the petitioner and also the respondent. 2. The petitioner claims that it is a partnership firm and a registered dealer under the provisions of the Karnataka Value Added Tax Act, 2003(hereinafter refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 08.11.2016, there was an earlier notice issued on 11.01.2016 for which the petitioner has not approached the competent authority and filed its version so as to enable the competent authority to pass appropriate orders. When they have not done so, the endorsement dated 08.11.2016 was issued calling upon the petitioner to produce the audited accounts within 7 days failing which penalty of ₹ 5,000/- along with further penalty of ₹ 50/- per day till filing of the records has been imposed which is in accordance with law. Consequently, learned counsel contends that the order dated 08.11.2016 is an appealable order under Section 62 of the Karnataka Value Added Tax Act, 2003. 6. On careful perusal of the provisions of the said Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts audited by a Chartered Accountant or a Cost Accountant or Tax practitioner subject to such conditions and such limits as may be prescribed and shall submit to the prescribed authority a copy of the audited statement of accounts and prescribed documents in the prescribed manner a s per Rules 33 and 34. Therefore, it goes without saying that the petitioners were having knowledge of Section 31 of the Act and Rules 33 and 34 and other provisions of the Act and the consequences of non production of documents whose turnover exceeds one lakh rupees in a year, have not produced the documents before the competent authority. Therefore, I do not find any reason to read Section 31 into Section 31(4) so as to read it once again as a taxable turno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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