ZUARI CEMENTS LIMITED Vs. STATE OF ANDHRA PRADESH
LAWS(ST)-2009-7-3
SALES TAX TRIBUNAL
Decided on July 07,2009

Zuari Cements Limited Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

N. Ratna Raju, Member (D) - (1.) THIS appeal arises on the proceedings dated 04 -10 -2007 passed by the Appellate Deputy Commissioner (CT), Kurnool giving rise for adjudication of this point: Whether penalty levied under Section 53(1) of AP VAT Act, 2005 is legally sustainable? Material facts relevant for adjudication are as follows:
(2.) M /s. Zuari Cements, Yerraguntla (for short, 'the appellants') are manufacturers of cement. They are assessees on the rolls of Assistant Commissioner (CT)., LTU, Kadapa Division. They filed VAT 200 return for the tax periods from April, 2005 to March, 2006. With a view to verify the genuineness of input tax credit claimed and output tax declared in VAT 200 return, the said authority proposed to conduct audit of accounts for the tax periods stated above. The appellants were intimated in advance in the reference RC No. E4/10/2006, dated 06 -04 -2006. Pursuant to that, the Assistant Commissioner (CT)., LTU., conducted audit on 12 -05 -2006 at the business premises of the appellants and it came to light that the appellants claimed excess input tax credit during the tax periods beginning from April, 2005 to March, 2006 as follows: The assessing authority noticed that the under -declared tax is more than 10% of the tax due. Accordingly he levied a penalty of Rs. 7,43,349/ - which is 25% of the tax under -declared in terms of Section 53(1) of AP VAT Act, 2005. Aggrieved, the appellants preferred this appeal before this Tribunal.
(3.) HEARD both sides.;


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