STATE OF GUJARAT Vs. ESDEE PAINTS LTD.

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned judgment and order passed by the learned Gujarat Value Added Tax Tribunal, Ahmedabad (hereinafter referred to as the "Tribunal") dated 31/07/2014 in Second Appeal No. 1222/2004 by which the learned Tribunal has after following its earlier decision in the case of M/s. T.J. Agro Fertilizers Pvt. Ltd. v. State of Gujarat in Second Appeal Nos. 529 & 530/2000 with Second Appeal NO.1052/2002 has partly allowed the said appeal, the State has preferred the present Tax Appeal with the following proposed substantial questions of law;

(2.) AT the outset, it is required to be noted that so far as the impugned judgment and order passed by the learned Tribunal holding that the interest under Section 47(4A) of the Gujarat Value Added Tax Act, 2003 (hereinafter referred to as "the Act") is not leviable till the date of the assessment order and in reducing the penalty under Section 45(6) of the Act to 10% is concerned, the learned Tribunal has relied upon its earlier judgment in the case of M/s. T.J. Agro Fertilizers Pvt. Ltd. (Supra) and the decision of the learned Tribunal in the case of M/s. T.J. Agro Fertilizers Pvt. Ltd. (Supra) has been confirmed by the Division Bench of this Court vide judgment and order dated 09/04/2015. Under the circumstances, following the decision of the Division Bench of this Court, we answer the proposed question Nos. (A) & (B) in the negative and against the revenue.