Rate of penalty was reduced to 15 per cent

CST & VAT : Uttarakhand VAT : Where assessee had not deposited admitted tax along with returns and thereupon Tribunal imposed penalty at rate of 20 per cent, since it was stand of assessee that first time it was levied with penalty, rate of penalty was reduced to 15 per cent
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[2014] 52 taxmann.com 292 (Uttarakhand)
HIGH COURT OF UTTARAKHAND
Texplas (India) (P.) Ltd.
v.
Commissioner of Commercial Tax, Dehradun*
K.M. JOSEPH, CJ.
AND V.K. BIST, J.
COMMERCIAL TAX REVISION NOS. 8, 9, 21 AND 22 OF 2014
SEPTEMBER  16, 2014
Section 58 of the Uttarakhand Value Added Tax Act, 2005 read with section 9 of the Central Sales Tax Act, 1956 - Penalty - For failure to deposit tax due along with return - Assessment years 2011-12 and 2012-13 - For two quarters, assessee filed returns both under VAT Act and Central Act on time - It had not deposited admitted tax along with returns - For failure to deposit admitted tax in time, Tribunal imposed penalty upon assessee under section 58(1)(vii)(a) at rate of 20 per cent - Assessee submitted that first time it was levied with penalty - Whether in peculiar facts of case rate of penalty required to be reduced from 20 per cent to 15 per cent - Held, yes [Para 15] [Partly in favour of assessee]