2026-VIL-342-KER
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VAT High Court Cases

Kerala Value Added Tax Act, 2003 - Imposition of penalty – Petitioner is engaged in providing credit facilities on the security of gold ornaments was issued notices proposing to impose penalty under Section 67 of the KVAT Act alleging that the petitioner had substantial sales of non-performing asset (NPA) gold as detected by the Income Tax Department, which were not fully disclosed in the returns filed under the KVAT Act – HELD - The order did not discuss the various contentions raised by the petitioner in its reply, indicating a non-application of mind by the respondent. As for the order for the year 2016-17, the respondent had brushed aside the petitioner's detailed contentions merely on the ground of non-production of "attested copies" of VAT returns, without making any effort to verify the same from the respective states. The insistence on "attested copies" of VAT returns, when the petitioner had produced "non-attested copies", was not justified, and the respondent should have contacted the counterparts in other states to verify the returns – Further, the impugned penalty orders were based on the original proposals made by the Income Tax Department, without considering the subsequent completion of the income tax assessments, which may have taken into account the petitioner's objections/explanations - The impugned penalty orders are set aside and the respondents are directed to reconsider the matter, taking into account the objections filed by the petitioner and the principles laid down in the U.K. Monu Timbers case – The petition is disposed of
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