Penalty cannot be imposed for the first time in Revision proceedings – Gujarat VAT Tribunal

 Apurva N. Mehta, Advocate Full bench of the Gujarat Value Added Tax Tribunal in the case of ‘Kunal Structure (India) Pvt. Ltd. V/S The State Of Gujarat’  held that in view of provisions contained in Sec. 75 of the Gujarat Value Added Tax Act, 2003, penalty cannot be imposed for the first time in revision. While distinguishing the judgment of Supreme Court of India rendered in the case of Sree Balaji Rice Mills v/s State of Karnataka [(2005) 140 STC 267 (SC)], the Tribunal followed the judgment of Gujarat High Court rendered in the case of Bhavnagar Chemicals Works (1946) Ltd. v/...