9911796707
TMI Blog2015 (11) TMI 1224X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in the case reported in [2001 (10) TMI 1100 - MADRAS HIGH COURT] (Appollo Saline Pharmaceuticals (P) Ltd., vs. Commercial Tax Officer (FAC) and others), has held that levy of penalty without considering the bona fides of the petitioner could not be sustained. - the petitioner is entitled to succeed. - Decided in favour of assessee. - W. P. No. 17731 of 2004 and W. P. M. P. No. 21082 of 2004 - - - Dated:- 18-11-2015 - The Hon'ble Mr. Justice R. Mahadevan, J. For the Petitioner : Mr. V. Sundareswaran For the Respondent : Mr. S. Kanmani Annamalai, AGP(T) ORDER Heard the learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader (Taxes) for the respondent. 2. This writ pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has to pay the same, which, according to the learned counsel for the petitioner was also paid on 27.07.2002, without any delay. 3.4. Thereafter, the petitioner filed returns disclosing the taxable turnover under the Act as ₹ 9,38,175/- for the year ending 2002 in Form A12 under the provisions of the Act. The assessment was also completed by the respondent by an order dated 29.11.2002, accepting the turnover. When that being the case, the petitioner was surprised to receive a notice dated 31.03.2003 proposing to initiate penalty proceedings under Section 16(2) of the Act, which was served on the petitioner on 06.06.2003. The only reason given by the department is that the petitioner did not file monthly returns or annual returns a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . According to the learned counsel for the petitioner, the entire turnover is culled out only from the books of the petitioner and there is no attempt to evade any tax to be remitted to the department. Hence, the learned counsel for the petitioner would submit that the petitioner seeks indulgence of this Court for setting aside the levy of penalty. 5. On the other hand, the learned Additional Government Pleader (Taxes) would submit that only on the basis of the inspection conducted by the Enforcement Wing Authorities, the transactions were unearthed and accordingly, penalty was imposed. Hence, the assessment order passed by the respondent is to be sustained. 6. This Court considered the submissions made by the learned counsel on eithe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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