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2025 Supreme(Online)(Ker) 20741

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
NITIN DAGA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Jose Jacob
For the Respondents: Sri.V.K.Shamsudheen

Table of Content
1. court discusses the validity of the tribunal's findings. (Para 11 , 12 , 13)
2. court concludes with the dismissal of the revision petitions. (Para 14)

These revision petitions arise out of the common order passed by the Kerala Value Added Tax Appellate Tribunal, Ernakulam in TA(VAT) Nos.873/2018 and 395/2017, respectively.

2. The present revision petitions pertain to the assessment year 2013-14. The brief facts necessary for the disposal of these revision petitions are as follows:

On 29.10.2013, during the inspection of Quality Assay and Hall Marketing Centre (P) Ltd, M.G.Road, Ernakulam, the Intelligence Squad No.1, Ernakulam found two persons of Mahek Gold, Golden Plaza, 1st Floor 93/95, Dhanji Street, Mumbai-400 003 with two bags containing gold ornaments weighing 20179.4 grams unaccompanied by any documents prescribed under Section 46 (3)(e) of the Kerala Value Added Tax Act, 2003 ('KVAT Act', for short). The value of the ornaments was estimated to be Rs.5,85,20,260/- and a penalty of Rs.58,52,026/- was imposed under Section 47 (6) of the KVAT Act. The assessee aggrieved by the order of imposition of penalty filed appeal before the first appellate authority, wh

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