1962 (3) TMI 65

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..... sh General Sales Tax Act, which reads: "When making an assessment to the best of judgment under subsection (1) the assessing authority may also direct the dealer to pay in addition to the tax assessed, a penalty not exceeding one and half times the tax due on the turnover that was not disclosed by the dealer in his return." It is contended by the learned counsel for the assessee that the turnove .....

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..... ven to the provisions of section 14(2). If what is contended for by the assessee is correct, then it would be for the department to show the turnover not actually disclosed, which in the very nature of things is an impossibility. There is no decided case which has construed the provisions of section 14(2), but a reference to section 28(1)(c) of the Indian Incometax Act, which is analogous to the p .....

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..... ect income." It was held by a Division Bench of this Court in Kalidindi Subbaraju Gopalaraju Co. v. Commissioner of Income-tax, Madras(1), that where it is found that there has been a deliberate suppression of income "the penalty leviable under section 28(1)(c) is to relate to the actual tax assessed on the income as finally estimated which.........need not be confined to the income shown to h .....

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