9911796707
TMI Blog2024 (9) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... n writing against the imposition of a penalty - violation of principles of natural justice - HELD THAT:- As per Section 72 (2) of the Karnataka Value Added Act, 2003, before a decision is taken for imposition of any penalty, show-cause notice has to be issued to the assessee and after being given an opportunity of showing cause in writing against the imposition of a penalty, the decision to impose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Commercial Taxes dated 31.03.2017 and restoring the order passed by the First Appellate Authority dated 27.11.2012. SLP dismissed. - HON'BLE MRS. JUSTICE B.V. NAGARATHNA AND HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For the Petitioner(s) Mr. Prateek Chadha, A.A.G. Mr. Sreekar Aechuri, Adv. Mr. D. L. Chidananda, AOR For the Respondent(s) Mr. T. Suryanarayana, Sr. Adv. Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s his entitlement to a tax credit by more than five per cent of his actual liability to tax, or his actual tax credit, as the case may be shall after being given the opportunity of showing cause in writing against the imposition of a penalty, be liable to a penalty equal to ten per cent of the amount of such tax under or overstated. 3. A reading of the said provision would squarely indicate that b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of penalty is automatic which has been so interpreted by this Court in State of Gujarat and Anr. vs. M/s Saw Pipes Limited (Known as Jindal Saw Ltd.) disposed of on 17.04.2023 passed in C.A. No.3481/2022. 4. In the circumstances, we find the suo moto revision undertaken under Section 64 of the Karnataka Value Added Tax Act, 2003, was wholly unnecessary. The High Court was therefore justified ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
