1977 (2) TMI 106

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..... y the assessee, the Appellate Assistant Commissioner set aside the order of penalty. The assessee preferred an appeal to the Sales Tax Appellate Tribunal questioning the determination of the turnover itself. In that appeal, the State filed a petition to restore the penalty levied by the assessing officer and cancelled by the Appellate Assistant Commissioner. The Tribunal refused to restore the pen .....

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..... ide the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed or (iii) pass such other orders as it may think fit; or (b) in the case of any other order, confirm, cancel or vary such order." For the purpose of this case, we are assuming that the expression "order of assessment" occurring in section 36(3)(a) includes an order .....

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..... To enhance the penalty already imposed is different from restoring the penalty which was imposed by the original authority but set aside by the Appellate Assistant Commissioner since the subject-matter of the appeal before the Tribunal is the order of the appellate authority only and not the order of the original authority. Consequently, an application for restoration of the penalty in the presen .....

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