1994 (7) TMI 333

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..... Nos. 1045 and 1046 of 1979 dated July 11, 1985. The dispute relates to assessment year 1976-77. T.R.C. No. 58 of 1986 relates to assessment and T.R.C. No. 129 of 1986 relates to penalty. The assessing authority made assessment on January 9, 1978. Later the assessment was reopened under section 14(4) of the Andhra Pradesh General Sales Tax Act, 1957, on the ground that the turnover of Rs. 69,551 .....

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..... dings have been initiated under section 14(2) of the Act. It was urged before the Tribunal that there was no wilful suppression of the turnover. The Tribunal however found against the assessee and recorded the finding that the suppression was wilful. But that does not put an end to the controversy raised in the T.R.C. What is urged before us is that five times the penalty is the maximum that could .....

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..... d the Tribunal did not address itself to this question. Having regard to the facts and circumstances of the case and in the absence of any aggravating circumstances, in our view, passing the usual order in such cases, namely, levying penalty equivalent to twice the tax due on the suppressed turnover, would meet the ends of justice. Accordingly we reduce the penalty to twice the tax due on the .....

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