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TMI Blog2018 (2) TMI 1908X X X X Extracts X X X X X X X X Extracts X X X X ..... to accept the claim of the assessee. There has been an estimation made of the value of the goods to demand security deposit. This is without any basis. The invoice accompanying the transport showed the value of ₹ 78,000. Hence, the evasion would be only with respect to the tax element as per the invoice. Computation of tax being possible, the penalty imposed has to be confined to maximum of twice the amount of tax sought to be evaded. Revision allowed. - O.T. Rev. No. 69 of 2014 - - - Dated:- 27-2-2018 - K. Vinod Chandran and Ashok Menon, JJ. For Appellant: Mohammed Rafeeq, Senior Government Pleader For Respondents: T.M. Sreedharan, Senior Adv., V.P. Narayanan and Divya Ravindran ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders. We do not think that is a reason to non-suit the State in the revision filed by them against one of the penalty orders. 2. The question of law as raised by the State is whether the Tribunal was right in deleting the penalty imposed on the ground that there was no evasion of tax since the transaction was reflected in the accounts. 3. The learned counsel for the respondent contends first that iron scrap dealt with by the respondent-assessee is not a notified goods. Section 2(xxx) of the Kerala Value Added Tax Act, 2003 is pointed out to advance the case. Iron and steel definitely is included in the notified goods and the contention is that the goods under transport in the instant case was iron scrap. We asked a specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanying the transport which was a clear attempt to evade tax. We, hence, do not find any reason to accept the claim of the assessee. However, we see from the order that there has been an estimation made of the value of the goods to demand security deposit. This is without any basis. The invoice accompanying the transport showed the value of ₹ 78,000. Hence, the evasion would be only with respect to the tax element as per the invoice. Computation of tax being possible, the penalty imposed has to be confined to maximum of twice the amount of tax sought to be evaded. The tax due for ₹ 78,000 would be computed and double the amount evaded would be imposed and the respondent allowed refund of the balance from ₹ 10,000, if ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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