9911796707
TMI Blog1992 (9) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 12(3) of the Act. 2.. The respondent/assessees were dealers in liquid ammonia, ammonia tracing paper, tracing paper, drawing materials, etc. During the assessment year 1979-80 they reported their total and taxable sales turnover of Rs. 9,27,195.06 and Rs. 3,33,603.09 respectively in their monthly returns in form A2 filed by them for the said year under the Tamil Nadu General Sales Tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by refixing the taxable turnover at Rs. 3,98,616.78 of which Rs. 2,42,800.91 taxable at 8 per cent and Rs. 1,55,815.88 taxable at 4 per cent and also set aside the penalty levied under section 12(3) in toto. The above revision has been filed by the Revenue only in so far as the Tribunal has chosen to delete the penalty completely. While deleting the penalty the Tribunal carefully considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t warrants an automatic levy of penalty under section 12(3) of the Act and that the question of wilfulness on the part of the assessee in suppressing a particular turnover and as to whether the assessee was guilty of wilful non-disclosure of particular item of turnover concerned have got to be considered and decided. On the reasons assigned by the Tribunal for the finding that the assessee in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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