(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) ORDER IN TAX APPEAL Tax appeal is admitted for consideration of following substantial questions of law:
(1) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that penalty could be imposed in the case of the appellant under section 34(7) of the VAT Act as well as under section 34(12) of the VAT Act?
(2) Whether on the facts and in the Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Aug 18 05:57:51 IST 2017 O/TAXAP/805/2012 ORDER circumstances of the case, the Appellate Tribunal was right in confirming the order of penalty under section 34(7) and 34(12) of the VAT Act in the case of the appellant without there being any mala fide intent of the appellant?
(3) Whether on the facts and in the circumstances of the case, the order of the Appellate Tribunal confirming the order of the authority below of imposition of penalty of the appellant is perverse and bad in law?
ORDER IN CA:
In facts of the case when the Tribunal has even while maintaining separate penalties under section 34(7) and 34(12) of the VAT Act brought down the same to 20% each instead of 150% of the unpaid tax as imposed by the revenue authorities, no stay is required to be granted. Civil Application is dismissed accordingly.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) raghu Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Aug 18 05:57:51 IST 2017