The High Court addressed penalty u/s 43 of the Value Added Tax ...
The court upheld the penalty u/s 43 of VAT Act. No evasion of tax can escape penalty due to non-production of account books.
Case Laws VAT and Sales Tax
June 22, 2024
The High Court addressed penalty u/s 43 of the Value Added Tax Act for unrecorded transactions. The Tribunal found Mobile Unit did not enter trader's premises for business activities, so no violation u/s 43(3) occurred. Assessee claimed family dispute led to keeping accounts at home, but provided no evidence. Counsel argued assessment order showed no VAT Act contravention, seeking penalty reduction to 20% from 40%. Court held evasion of tax without maintaining account books for goods entry in truck doesn't excuse penalty. As revisionist paid penalty under protest, no basis to reduce it. Court upheld Tribunal's decision, dismissing the revision.
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