- (1.) The petitioner is a registered dealer under the Punjab Value Added Tax Act, 2005 (in short "the Act") and as per the averments made in the petition, it filed all the statutory returns for the assessment years 2008-09 and 2009-10 and deposited the tax due under the Act. The premises of the petitioner were inspected by Mobile Wing, Jalandhar on 27.12.2010 and during the course of inspection, the inspecting team impouned two bill books, computer, two small ledgers, one diary, one blank bill book, one slip pad and seven sales bill files along with two bill books of M/s V.K. Agencies, Balachaur for verification. The grievance of the petitioner is that the authority has passed an order on 13.6.2011 creating a total liability of Rs.19,86,193/- which included tax of Rs.6,58,731/- at the rate of 12.5%, penalty of Rs.13,17,462/- under Section 56 of the Act at the rate of 200% of the tax and further penalty amounting to Rs.10,000/- under Section 60 of the Act.
(2.) We have heard learned counsel for the parties.
(3.) Learned counsel for the petitioner submitted that under the Act, Section 29 provides for regular assessment whereas Section 30 deals with provisional assessment. Respondent No.2 without specifying whether it was a regular assessment or provisional assessment had passed one composite order for two assessment years 2008-09 and 2009-10 which is legally not permissible. Further, respondent No.2 had passed the order, Annexure P-4, in violation of principles of natural justice inasmuch as the copy of slip pad was not provided to the petitioner to explain the entries therein. It was also submitted that the order no where dealt with the returns which had been filed by the petitioner. The benefit of various deductions and input claims under the Act had also not been given to the petitioner. In the end, it was urged that the entire demand is presumptuous and the order has been passed in a mechanical manner imposing 200% penalty under Section 56 of the Act.;