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1968 (7) TMI 49 - HC - VAT and Sales Tax
The High Court of Madras held that the penalty imposed was excessive and beyond the jurisdiction under section 12(3) of the Madras General Sales Tax Act, 1959. The return was filed late but accepted, and penalty cannot be levied once an assessment is made without invoking best judgment. The decision in Bata Shoe Company (P.) Ltd. v. Joint Commercial Tax Officer applies here. The tax case was allowed with no costs.
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