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APARESH KUMAR SINGH, DEEPAK ROSHAN
Shiv Jyoti Enterprises JV Binod Kumar Lal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The instant writ application has been preferred for the following relief:—
(ii) For quashing and setting aside the judgment and order dated 22nd November, 2021 passed in Revision Case No. DN 48 of 2021 (Annexure-11) wherein imposition of penalty under Section 40(2) of the Jharkhand Value Added Tax Act, 2005 (for short JVAT Act, 2005) by the Assessing Officer has been upheld.
(iii) For issuance of an appropriate writ, order or direction to the respondent-authorities to refund an amount of Rs. 17,35,000/- which has been realized by initiating recovery proceeding under Section 46(1) of the JVAT Act from the banker of the Petitioner-company.
2. Brief fact of the case is that the petitioner is engaged in the bus
The filing of revised returns after the initiation of penalty proceedings lacked bona fide and did not absolve the petitioner from liability under Section 40(2) of the JVAT Act.
The provisions imposing penal interest on assessees who voluntarily revise their returns are unconstitutional as they create an arbitrary distinction between honest taxpayers and those whose returns ....
Penalties for false documentation under Section 7-A(2) of the AP GST Act are valid, and revisions under Section 22(1) cannot address factual disputes.
Mens-rea is an essential pre-requisite condition for imposition of penalty under Section 54(1)(2) of the U.P. VAT Act, 2008.
The court established that the authority to review and revise assessment orders under the JVAT Act is limited and must adhere to procedural requirements, particularly regarding the initiation of revi....
Assessments beyond five years are invalid without proper notice, and best judgment assessments require rejection of returns, which was not adhered to in this case.
The main legal point established is that penalty can be imposed for deliberate fraud or misinformation by the Assessee under Section 61 of the RVAT Act, 2003.
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