Penalty before Completion of Assessment under TVAT Act, 2006 is premeditated and/or premature

A bare reading of the sub-section (5) of Section 22 would show that it is only after an assessment is complete under sub-section (4) of Section 22, that penalty can be imposed by the Assessing Officer. However, it can, either be imposed at the time when, the assessment order is passed, or, by way of a separate order, albeit, after the assessment order is passed. Therefore, the proposal in the show cause notice to levy penalty at the rate of 150% prior to adjudication demonstrates premeditation. Furthermore, as has been correctly argued by the learned counsel for the petitioner, as per the prov...