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TMI Blog2009 (4) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... to be incorrect and incomplete. Hence, in the absence of such a finding, the levy of penalty under Section 12(5)(iii) is not in consonance with the penal provision provided. Hence, the penalty imposed has to be deleted and the same is deleted. To that extent, the appellant succeeds - TC. R. 1754 of 2006 - - - Dated:- 8-4-2009 - K. Raviraja Pandian And M. M. Sundresh,JJ. For the Petitioner : Mr. A. Thiagarajan For the Respondent : Mr. Haja Nazirudeen ORDER Order of The Court Was Delivered By K. Raviraja Pandian,J. The correctness of the order of the Sales Tax Appellate Tribunal, (Additional Bench), Madurai dated 13.7.2001 in T.A.No.265 of 1999 in bringing the value of the lorry sold by the assessee for taxation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5) of the Tamil Nadu General Sales Tax Act, as they obtained during the relevant period are to the following effect: Section 12(3) - In addition to the tax assessed under sub-section (2), the assessing authority may, in the same order of assessment passed under sub-section (2), or by a separate order, direct the dealer to pay by way of penalty - (a) a sum which shall not be less than fifty per cent but which shall not be more than one hundred and fifty per cent of the amount of tax due on the turnover that was not wilfully disclosed by the dealer in his return, or (b) a sum which shall not be less than fifty per cent but which shall not be more than one hundred and fifty per cent of the tax assessed in the case of wilful failure t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under sub-sections (3) and (5) shall be imposed after a period of five years from the expiry of the year to which the assessment relates and unless the dealer affected has had a reasonable opportunity of showing cause against such imposition. 6. Having regard to the above statutory provision, if we apply the said provision to the facts of the present case, we are of the view that all the authorities have admitted that the entire turnover has been reflected in the books of accounts and also stated in the returns filed by the assessee. Hence, for the invocation of sub-clause (iii) of Section 12(5), the pre-condition is that the return submitted is found to be incorrect and incomplete as per Section 12(4)(iii). None of the authorities belo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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