INDIRECT TAX

1. No penalty on short payment of tax when it wasn’t attributable to negligence of assessee.
CST & VAT : Maharashtra VAT - Where Assessing Authority levied penalty upon assessee under section 36(2)(c) read with Explanation 1 on plea that it had made lesser payment of tax along with returns, since lesser payment of tax was not attributable to a neglect by assessee, levy of penalty was not justified.

2. Admission of assessee regarding violation of orders restricting use of credit would lead to imposition of penalty.
Cenvat Credit : Assessee having admitted his default of violation of debarment orders restricting use of credit, penalty must necessarily follow and there is no need for appellate authority to go into notification, clarifications in budget or other provisions.

3. Normal tax rate would be applicable when assessee had opted for compounded facility after closure of year.
CST & VAT: Kerala VAT - Where assessee in earlier years had opted for payment of tax at compounded rates and during year in question he had not opted for payment of tax at compounded rates and he had opted compounding facility after close of year, rate of tax applicable under compounding scheme would not be attracted in instant case and regular rate of tax would be applicable.

4. Assessee is entitled to interest on refund granted through appellate order.
VAT/CST : Gujarat Sales Tax/VAT : Refund allowed on modification of assessment order in appeal, can be said to be granted as per 'modified assessment order' and therefore, assessee is entitled to interest on delayed grant of such refund