The VATO, Delhi has served a Notice of Assessment of Penalty U/S 33 DVAT thereby imposing a Penalty of Rs. 10000/- U/S 86(10) for the reason of "UNSIGNED RETURN"
The Assessee has already been assessed for the relevant Assessment Year with a case of NIL Demand.
Now, I have gone through again and again the provision of S. 86(10) DVAT Act, but failed to understand as to how the penalty can be imposed under it when there is nothing presecribed under that section except that the penalty can be imposed if the Return is found to be false.
In my opinion, once the assessment has been made, it implies that the Returns were found to be correct AND hence the question of invoking Sec. 86(10) does not arise.
NOW, I seek your expertise (with caselaw) to satisfy my below stated querry:
1. Can Sec. 86(10) DVAT be invoked for the reason of 'NON SIGNING OF RETURN" in the absence of any ground of returns found to be false?
2. Can after assessment is made for a particular year, a Fresh Assessment of Penalty U/S 33 be made?
