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2014 (9) TMI 894 - RAJASTHAN HIGH COURTLevy of differential tax and interest - Imposition of penalty - Held that:- It is an admitted fact that all sales transactions for the relevant assessment year were recorded in the account books of the assessee and there was admittedly no attempt at concealment/ misinformation by the respondent assessee in the returns filed. The Appellate Authority and the Tax Board held that in the circumstances mere levy of additional tax and statutory interest on interpretation of the governing entries and consequent classification of the assessed goods against the say of the respondent assessee could not have entailed any automatic levy of penalty on the assessee. The Tax Board and the appellate authority have taken into consideration the aforesaid facts and relied upon the judgment of the Hon'ble Supreme Court in the case Shree Krishna Electricals (2009 (4) TMI 428 - SUPREME COURT OF INDIA) to set aside the levy of penalty by the Assessing Officer. - The revision petition as filed by the department does not critique the judgment of the Tax Board or even remotely suggest as to how the judgment of the Hon'ble Supreme Court in the case of Shree Krishna Electricals (2009 (4) TMI 428 - SUPREME COURT OF INDIA) relied upon by the Tax Board is not applicable in the facts of the case to the issue of levy of penalty on the assessee under Section 61 of the 1994 Act - Decided against Revenue.
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