28 April 2012
I heard there was a very recent case between STP and the Sales Tax Dept regarding making this penalty as 'discretion of the AO'. Do you have any insights?
29 April 2012
Under Mah. VAT, From o1-07-2009 , penalty for non filling or late filling of return is Rs. 5000/-. There is no discretion to STO to levy or not to levy or for quantum of amount. Order is non appeal able {sect. 85(2)}. Penalty is mandatory under provisions. Writ petitions were filed in Bombay High court challenging that sect. 29(8) ultra vires the constitution and order is not appeallable.Hon’ble High Court passed the order (Sanjay Dresses W.P. 1705 of 2009 dated 6-8-2010 and Ravindra Udyog W.P.1214 of 2010 dated 6-8-2010), It was opined that, penalty order passed without hearing is bad in law, other issues are still open for decision.