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TMI Blog2015 (4) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... on of wrongful availment. We further find that the proviso to Section 27 (4), i.e., to provide for an opportunity to the assessee for showing cause against such imposition of penalty, has also been complied with and the assessee has not chosen to rebut the same. In such view of the matter, we find that there is no error of law warranting interference with the order passed by the Tribunal and this Court concurs with the finding of the Tribunal. - No question of law arises - Decided against assessee. - T.C. No. 25 OF 2014 AND M.P. NO. 1 OF 2014 - - - Dated:- 13-8-2014 - R. Sudhakar And G. M. Akbar Ali,JJ. For the Appellant : Mr. Desingu ORDER (Delivered By R. Sudhakar, J.) This revision is preferred against the order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee and, therefore, the penalty under Section 27 (4) (ii) is liable to be set aside. The Revenue went on appeal to the Appellate Tribunal and the Tribunal, while reversing the order of the appellate authority held that penalty is leviable, however, reduced the penalty to 50% in terms of Section 27 (4) (i), and thereby upholding the Department's plea that on wrongful availment of input tax credit, penalty is imposable. Against which the present appeal. 4. Heard the learned counsel appearing for the appellant and perused the materials placed in the typed set of documents and also the relevant provisions of the Act and the Rules. 5. The facts, in the present case, are not in dispute. The assessee in this case had availe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e turnover. Explanation I.- For the purpose of computing the total turnover under this sub-section, the purchase turnover liable to tax under section 12 of this Act, shall be added to the sales turnover. Explanation II. For the purpose of computing the total turnover under this sub-section, the sales turnover of all business units in a common premises sharing the common kitchen or common employees shall be added to the sales turnover of the business unit having higher turnover. (2) The dealer, who pays tax under clause (a) of sub-section (1) shall be entitled to input tax credit on the goods specified in the First Schedule purchased by him in the State. 7. The corresponding provision for levy of penalty finds place in Section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the dealer a reasonable opportunity to show cause against such order. (3) In making an assessment under clause (a) of sub-section (1), the assessing authority may, if it is satisfied that the escape from the assessment is due to wilful non-disclosure of assessable turnover by the dealer, direct the dealer, to pay, in addition to the tax assessed under clause (a) of sub-section (1), by way of penalty a sum which shall be (a) fifty per cent of the tax due on the turnover that was wilfully not disclosed if the tax due on such turnover is not more than ten per cent of the tax paid as per the return; (b) one hundred per cent of the tax due on the turnover that was wilfully not disclosed if the tax due on such turnover is more than te ..... X X X X Extracts X X X X X X X X Extracts X X X X
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