UPVAT: Section 54(1)(2) Penalty Not Imposable for Best Judgement Assessment: Allahabad HC

Durga Steel Rolling Mills Vs Commissioner of Commercial Taxes U. P. Lucknow (Allahabad High Court) Allahabad High Court held that penalty under Section 54(1)(2) of the U.P. VAT Act, 2008 cannot be imposed in cases, wherein, the assessment is made on the basis of Best Judgement Assessment. Further, also held that men-rea is pre-requisite condition for imposition of penalty u/s. 54(1)(2). Facts- A survey took place on the premises of the revisionist. The stock is alleged to have been noted by the surveyors on the basis of presumption. The stock was found to be recorded more in the books of accou...