1977 (3) TMI 56

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ) against the separate orders of the AAC of Sales Tax Gwalior dt. 4th May, 1976 in respect of the penalties imposed under s. 43(1) of the Act during the assessments for the financial yr. 1966-67 and 1967-68. 2. The assessment for the financial yr. 1966-67 was completed on 21st Dec., 1967. On 4th July, 1975 a show cause notice was issued as to why a penalty should not be imposed on the ground of d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssessed was about Rs. 407. On this ground he reduced the penalty to Rs. 300. But considering the other facts of the case, it cannot said that the difference in the turnover was due to any guilty motivation. So far as the taxable turnover is concerned it is found that it was not due to any suppression of sales but misclassification of rate wise sales. In the circumstances, the assessee's explanatio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nclusion of adhat sales. It was explained that adhat sales are shown in the accounts relating to the relevant principals, due to absence of the Munim, sales made on behalf of principals in different accounts while furnished the accounts. Considering the volume of the gross and taxable turnover the assessee's explanation should not have been rejected. There was misclassification of the taxable turn .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X