JVAT: No Section 40(2) Penalty in absence of deliberate act to file incorrect returns

Shiv Jyoti Enterprises Vs State of Jharkhand (Jharkhand High Court) Jharkhand High Court held that as there is no act to deliberately file incorrect returns, hence penalty under section 40(2) of the Jharkhand Value Added Tax Act, 2005. Facts- The petitioner is engaged in the business of works contract on behalf of various entities including Government Entities. For the period in dispute, Petitioner purchased pipes from outside the State of Jharkhand for an amount of Rs.1 ,55,69,332/- towards execution of works contract. The said inter­state purchases were made through valid road permits duly ...