1995 (7) TMI 382

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..... 12(5) of the Tamil Nadu General Sales Tax Act, confirming the order of the assessment officer and setting aside the order of the Appellate Assistant Commissioner which cancelled the said penalty levied. 2.. While the taxable turnover of the assessee in the assessment year in question, namely 1981-82 is more than Rs. 36,00,000, the assessee omitted to disclose a small turnover of Rs. 4,189.23 in .....

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..... The amount relates only to the solitary sale effected on the last day of January which happened to be a Sunday. The dealers should however have intimated this turnover along with the February turnover while furnishing the turnover for February. This has not been done presumably the turnover was arrived at from the sale bills instead of from the sales account. Thus I find that the omission is only .....

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..... hat the bona fides of the assessee have to be gone into before imposing penalty." But this aspect has not been considered at all by the Joint Commissioner. Further taking into account the huge taxable turnover of the assessee, one could easily infer that the abovesaid omission with reference to a small turnover of Rs. 4,189.23 could very well be a bona fide mistake. If that is so, necessarily th .....

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