STATE OF PUNJAB Vs. GENUS OVERSEAS ELECTRONICS LIMITED

JUDGEMENT

(1.) This appeal has been preferred by the State 1 under section 68 of the Punjab Value Added Tax Act, 2005 (in short, "the Act") against the order dated January 10, 2013, annexure A6, passed by the Value Added Tax Tribunal, Punjab (in short, "the Tribunal"), in Appeal No. 228 of 2012 filed by the respondent under section 62 of the Act, proposing to raise the following substantial questions of law:

(2.) We have heard learned counsel for the appellants-State and perused the record.

(3.) The learned counsel for the appellants submitted that the Tribunal had erred in canceling the penalty as the dealer had transported inverters and not UPSs. The dealer was, thus, liable to pay tax at the rate of 12.5 per cent whereas the tax on the UPSs was leviable at the rate of four per cent.