9911796707
TMI Blog1995 (5) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... e explained that section 12(5)(ii) enables the department to levy penalty only in the case where the assessee fails to submit the prescribed returns within the prescribed time. In fact, the assessee has submitted their returns regularly. The monthly turnovers of mixtures used to be included in the returns, but they have shown them as exempted turnover. This was because the sales turnover of mixtures is not taxable in full. According to the assessee, they have reported the current taxable turnover before completing the final assessment and paid the balance of tax due from them voluntarily even before the assessment was taken up. Therefore, it was submitted that there was no failure on the part of the assessee to submit any returns or disclos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here was incorrect and incomplete particulars and therefore, the penalty is exigible under section 12(5)(iii) of the Act. It was further submitted that the assessee used to file monthly returns and for some of the months returns were not filed before due dates and the tax due thereon was also not paid along with the returns, and therefore, the penalty is exigible under section 12(5)(iii) of the Act. According to the learned Additional Government Pleader (Taxes), even if the assessee is said to have paid the entire tax due, even earlier to the assessment, was taken out for conclusion, inasmuch as the tax was not paid along with the monthly returns, penalty under section 12(5)(ii) of the Act cannot be avoided. The learned Additional Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such turnover along with the returns on the prescribed dates, attracts the penalty under section 12(5)(ii) of the Tamil Nadu General Sales Tax Act. The fact remains that the returns were filed in time. Therefore, there to (sic) only defects in filing the returns and hence the penalty under section 12(5)(ii) of the Act is possible. But, in the present case, the facts on record would go to show that the monthly returns were filed in time, but there were some defects in filing the returns. According to the assessing officer, the assessee omitted to include huge net taxable turnover of Rs. 1,96,40,054 in the monthly returns and failed to pay the tax due thereon on the monthly due dates. The difference of tax was paid by the assessee on Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return was filed and the tax due thereon was also paid before the assessment was completed. The facts on record would go to show that the assessee filed the returns in time, but the returns were incomplete and incorrect. Therefore, if at all penalty is exigible, penalty can be levied only under section 12(5)(iii) of the Act. In the present case, penalty under section 12(5)(ii) of the Act for the delay in filing the returns, is not possible. Inasmuch as the revised returns was filed and the difference of tax due thereon was also paid before completing the assessment, the penalty under section 12(5)(iii) of the Act is also not possible. In that view of the matter, we consider that there is no infirmity in the order passed by the Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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