9911796707
TMI Blog1998 (1) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; Y. Prabhakar Rao, Advocate, for the appellant. -------------------------------------------------- We are concerned in this appeal with the assessment year ended 31st March, 1968. The High Court before it the following two questions, referred to it by the Board of Revenue, M.P.: "1. Whether the power to confirm, reduce, enhance or annul the penalty in appeal as provided under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner, therefore, issued to the appellant a notice under section 43 of the M.P. General Sales Tax Act, 1958. The appellant's objections were overruled and a penalty of Rs. 1 lac was imposed. 3.. The appellant moved the Board of Revenue. It relied upon section 38(5) of the said Act contending that the appellate authority could only enhance a penalty; the assessing authority not having imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o impose penalty.- If the Commissioner or the appellate authority in the course of any proceeding under this Act, is satisfied that a dealer has deliberately concealed his turnover in respect of any goods or furnished a false return, the Commissioner or the appellate authority, as the case may be, may after giving the dealer a reasonable opportunity of being heard, direct that the dealer shall, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant that a penalty imposed under section 43 must be regarded as a fresh assessment and that, therefore, a penalty under section 43 can be imposed only within the period prescribed by section 18(8) of the said Act for the purposes of assessment. We find it difficult to accept the argument, for the power under section 43 can be invoked only in proceedings in appeal from an assessment order or otherw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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