9911796707
TMI Blog1979 (9) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... s not disputed that gross turnover disclosed was correct. But from the account books it appeared that the amount of sales tax was Rs. 1,47,773.98, but the assessee deposited, along with the return, only Rs. 91,224.00. In appeal, the explanation of the assessee that no tax was realised on purchases on own account was accepted. Such purchases were to the tune of Rs. 8,35,900 and tax on it came to Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed tax and not deposited it should not have weighed in deciding the offence of deliberately furnishing inaccurate particulars. Section 15-A(1)(b), during the relevant period 1971-72, read as under: "If the assessing authority is satisfied that any dealer, (b) has concealed the particulars of his turnover or deliberately furnished inaccurate particulars of such turnover; or (c) ......he ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax in the other. Both actions were penal and there was no reason to distinguish between gross and net turnover for purposes of this sub-section. The argument is Do doubt attractive but does not appear to be sound. The word "turnover" has been defined in the Act. It has to be understood in the same sense. It determines the liability under the Act. The net turnover is calculated for purposes of pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o attract penalty. The learned counsel for the assessee has placed reliance on State of Madras v. S.G. Jayaraj Nadar Sons[1971] 28 S.T.C. 700 (S.C.). It was held that penalty for incomplete or incorrect return can be imposed only in case of best judgment assessment. It is true that the provisions of the Madras Sales Tax Act were not analogous to section 15-A of the U.P. Act but the principle i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
