LAB SYSTEMS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is an appeal filed under Section 63 of the Karnataka Value Added Tax Act, 2003 (for short, the 'Act') contesting the appeal order dated 7th September, 2012 passed by the Joint Commissioner of Commercial Taxes (Appeals -1), Bangalore (for brevity, as 'FAA') in Case No. VAT.AP/1939/2010 -2011, who has upheld the penalty order dated 23rd November, 2010 concluded under Section 53(12) of the Act by the Commercial Tax Officer (Enforcement -7), Hubli (for short as 'Inspecting Authority' or 'IA'). The facts and grounds leading to this appeal in brief are stated thus:

(2.) ON the above grounds prayer is made to direct the authorities to refund the penalty amount by setting aside the impugned orders and to allow the appeal in full.

(3.) PERUSED the lower Court records. The only point which arises for our consideration is: