9911796707
TMI Blog1991 (7) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under section 32 of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as "the Act"), could levy penalty under section 12(3) of the Act where the assessing authority, making a best judgment assessment under section 12(2) of the Act, did not pass any order levying penalty, nor even proposed to invoke that power even in the pre-assessment notice? The Sales Tax Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pre-assessment notice issued before finalising the assessment on the best of judgment. The order which the Deputy Commissioner was, therefore, revising under section 32 of the Act was an order passed under section 12(2) of the Act by the assessing authority. There were no proceedings under section 16 of the Act which were sought to be revised by the Deputy Commissioner when he levied penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority, therefore, exceeded his jurisdiction while suo motu revising the order under section 12(2) of the Act to levy penalty under section 12(3) of the Act. The answer to the question posed in the earlier part of the judgment, therefore, is in the negative. 4.. In the view that we have taken, we do not find any cause to interfere with the order of the Tribunal particularly when we find that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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