2009 (7) TMI 1180

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..... alty of Rs. 43,988 under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 and also confirmed the assessment in a turnover of Rs. 5,10,000 for the financial year 1994-95. Aggrieved against the same, the assessee preferred an appeal before the Appellate Assistant Commissioner, who in turn confirmed the order of the assessing authority and dismissed the appeal. Aggrieved against such dismi .....

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..... ed. The Tribunal relying upon the decision of this court Appollo Saline Pharmaceuticals (P) Ltd. v. Commercial Tax Officer (FAC) reported in [2002] 125 STC 505 has categorically held that as the assessment has been completed under section 12(1), especially when the amounts were available in the records, question of imposition of penalty under section 12(3) does not arise. The relevant portion of t .....

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..... tax assessed on the basis of the accounts of the assessee, to be disregarded, while determining the turnover on which the penalty is to be levied under section 12(3). A reading of this ruling would categorically prove beyond any reasonable doubt that the said decision is squarely applicable to the facts of the present case. Following the said decision, the Tribunal has rightly set aside the p .....

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